When a party dies, or becomes convicted of a felony or insane, or the powers of a party who is a personal representative or committee cease, if such fact occurs after verdict, judgment may be entered as if it had not occurred.
§ 8.01-21.Judgment when death or disability occurs after verdict but before judgment.
Chapter 2. Parties · Article 3. Death or Change of Parties · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-21 allows judgment to be entered as if it had not occurred when a party dies, is convicted of a felony, becomes insane, or when the powers of a party who is a personal representative or committee cease, if that fact happens after the verdict but before judgment is entered.
Full Text of § 8.01-21
Plain-English Summary
A gap can open between a jury’s verdict and the court’s entry of judgment on it, and something can happen to a party during that gap. Section 8.01-21 keeps that gap from undoing the verdict. If a party dies, becomes convicted of a felony, becomes insane, or if the powers of a party who is a personal representative or committee cease, and that fact occurs after the verdict, judgment may still be entered as if the event had not occurred.
The section is narrowly timed — it applies to events happening after verdict, not before it — and it lets the court finish the job the verdict already started rather than requiring the litigation to be reopened or restarted because of a post-verdict change in a party’s status.
Frequently Asked Questions
What happens if a party dies after the jury returns a verdict but before judgment is entered?
Section 8.01-21 allows judgment to be entered as if the death had not occurred, so long as it happened after the verdict.
Does this section apply to events other than a party’s death?
Yes. It also covers a party becoming convicted of a felony, becoming insane, or the powers of a party who is a personal representative or committee ceasing.
Does the timing of the event matter under this section?
Yes. Section 8.01-21 applies only if the qualifying fact occurs after the verdict, not before it.
Is entering judgment despite the event automatic, or does the court have discretion?
The section says judgment “may be entered,” giving the court the option rather than requiring it automatically.
Why does this section matter in practice?
It keeps a jury’s verdict from being undone by an event affecting a party’s status in the narrow window between verdict and judgment, avoiding the need to relitigate a case that has already been decided.
Amendment History
Code 1950, § 8-145; 1977, c. 617.
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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