A. When the party whose powers cease is a defendant, the plaintiff may continue his suit against him to final judgment or decree; provided that a successor in interest may be substituted in accordance with the Rules of Court; and provided further that upon motion the court may order that the suit proceed against the former party as well as the successor.
§ 8.01-17.When party whose powers cease is defendant.
Chapter 2. Parties · Article 3. Death or Change of Parties · Last amended 2025 · Last verified July 16, 2026
In one sentenceSection 8.01-17 lets a plaintiff continue a suit against a defendant whose powers cease, allows a successor in interest to be substituted, and on motion lets the suit proceed against both the former party and the successor, but automatically substitutes a public officer’s successor when the officer, sued officially, dies, resigns, or leaves office.
Full Text of § 8.01-17
B. The provisions of this section shall not apply when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while an action is pending. In any such instance, such public officer's successor shall be automatically substituted as a party when the only claim in such action was made against the former public officer in his official capacity.
Plain-English Summary
Subsection A addresses a defendant whose powers cease while the case is pending — for instance, a fiduciary whose appointment or authority ends. The plaintiff may continue the suit against that defendant to final judgment or decree. A successor in interest may be substituted in accordance with the Rules of Court, and on motion, the court may go further and order that the suit proceed against the former party as well as the successor, rather than requiring a choice between the two.
Subsection B carves out public officers sued in their official capacity. When such an officer dies, resigns, or otherwise ceases to hold office while the action is pending, this section’s general approach does not apply. Instead, the officer’s successor is automatically substituted as a party, without need for a motion, whenever the only claim in the action was made against the former officer in that official capacity.
Frequently Asked Questions
What happens when a defendant’s powers cease during a Virginia lawsuit?
Section 8.01-17(A) lets the plaintiff continue the suit against that defendant to final judgment or decree, and allows a successor in interest to be substituted under the Rules of Court.
Can the case proceed against both the former party and the successor?
Yes. Section 8.01-17(A) lets the court, on motion, order that the suit proceed against the former party as well as the successor.
Does this section apply when a public officer sued in an official capacity dies or leaves office?
No, not in the same way. Section 8.01-17(B) removes that situation from subsection A and instead substitutes the officer’s successor automatically.
Is substitution automatic when a public officer defendant leaves office?
Yes, when the only claim in the action was against the former officer in an official capacity. Section 8.01-17(B) substitutes the successor automatically, without a motion.
Does substitution under subsection B require a court order?
No. Section 8.01-17(B) makes the substitution automatic once the qualifying event occurs, rather than requiring the court to act on a motion.
Amendment History
Code 1950, § 8-152; 1954, c. 333; 1977, c. 617; 2025, c. 460.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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