If a party plaintiff or defendant becomes incapable of prosecuting or defending because of death, insanity, conviction of felony, removal from office, or other reason and there are one or more co-plaintiffs or co-defendants, the court on motion may in its discretion either (i) suspend the case until a successor in interest is appointed in accordance with the Rules of Court, or (ii) sever the action or suit so that the case shall proceed against the remaining parties without delay, with the case as to the former party being continued and tried separately against the successor in interest when he is substituted as provided by the Rules of Court.
§ 8.01-22.When death or disability occurs as to any of several plaintiffs or defendants.
Chapter 2. Parties · Article 3. Death or Change of Parties · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-22 lets a court, on motion, either suspend a case until a successor is appointed or sever the action so it proceeds against the remaining parties without delay, whenever one of several co-plaintiffs or co-defendants becomes incapable of prosecuting or defending because of death, insanity, felony conviction, removal from office, or another reason.
Full Text of § 8.01-22
Plain-English Summary
Section 8.01-22 addresses what happens when one party among several on the same side of a case can no longer carry the litigation forward — because of death, insanity, conviction of a felony, removal from office, or some other reason making the party incapable of prosecuting or defending. Unlike a case with only one plaintiff or one defendant, a case with co-plaintiffs or co-defendants does not necessarily have to stop entirely just because one of them drops out.
The section gives the court two options on motion, exercised in its discretion. It may suspend the case until a successor in interest is appointed under the Rules of Court, keeping everyone together on the same timeline. Or it may sever the action so that the case proceeds against the remaining parties without delay, while the claim involving the former party is continued and tried separately once a successor is substituted as the Rules of Court provide.
Frequently Asked Questions
What happens when one of several plaintiffs or defendants dies or becomes incapacitated mid-case?
Section 8.01-22 lets the court, on motion, either suspend the case until a successor in interest is appointed or sever the action so the remaining parties can proceed without delay.
What kinds of events trigger this section?
Death, insanity, conviction of a felony, removal from office, or any other reason that makes a party incapable of prosecuting or defending the case.
Does this section apply if there is only a single plaintiff or defendant?
No. Section 8.01-22 applies when there are one or more co-plaintiffs or co-defendants alongside the affected party.
What does severing the action accomplish under this section?
It lets the case proceed against the remaining parties without delay, while the claim involving the incapacitated party is continued and later tried separately against the successor once substituted.
Is the choice between suspending and severing the case mandatory or discretionary?
Discretionary. Section 8.01-22 gives the court the option to choose either approach on motion, in its discretion.
Amendment History
Code 1950, § 8-146; 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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