The distinction of what a court may do in term as opposed to vacation is hereby abolished. The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the continued existence or expiration of a term of court. The continued existence or expiration of a term of court in no way affects the power of a court to do any act or take any proceeding in any civil action which has been pending before it.
§ 8.01-445.Distinction between term and vacation abolished; effect of time.
Chapter 17. Judgments and Decrees Generally · Article 4. Distinction Between Term and Vacation Abolished · Last amended 1977 · Last verified July 16, 2026
In one sentenceVirginia has abolished the old distinction between what a court could do during a term versus in vacation, so the running of any time period for an act or proceeding, and the court’s power to act in a pending civil action, are unaffected by whether a term of court has continued or expired.
Full Text of § 8.01-445
Plain-English Summary
Courts once operated on formal terms, with certain acts reserved for when court was in session and others available only in vacation. Section 8.01-445 sweeps that distinction away for Virginia’s civil courts. A court is no longer limited by whether it happens to be within a term when it needs to act.
The practical effect touches two things. First, any deadline for doing an act or taking a proceeding runs on its own schedule — it is not paused, extended, or otherwise affected by whether a term of court is ongoing or has expired. Second, the court’s authority to act in a pending civil action does not depend on term status at all: the continued existence or expiration of a term never limits what the court may do in a case already before it.
The result is a simpler calendar. Parties and courts track statutory and rule-based deadlines directly, without layering the old term-and-vacation calendar on top of them.
Frequently Asked Questions
Does the existence of a court term still limit what a court can do in a pending civil action?
No. Section 8.01-445 says the continued existence or expiration of a term of court in no way affects the court’s power to act or take any proceeding in a pending civil action.
Are deadlines for taking action in a case affected by whether a term of court has ended?
No. The period of time provided for doing an act or taking a proceeding is not affected or limited by the continued existence or expiration of a term.
Did Virginia used to distinguish between what a court could do in term versus in vacation?
Yes, and Section 8.01-445 abolishes that distinction.
Does this section apply to civil actions specifically?
Yes, the section speaks to the court’s power to act in a pending civil action.
What is the practical result of abolishing the term-vacation distinction?
A court’s authority to act on a pending civil matter, and the running of applicable time periods, no longer depends on whether a term of court is in progress.
Amendment History
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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