A court allowing a bill of review may award an injunction to the decree to be reviewed. But no bill of review shall be allowed to a final decree, unless it be exhibited within six months next after such decree, except that a person under a disability as defined in § 8.01-2 may exhibit the same within six months after the removal of his disability. In no case shall such a bill be filed without the leave of court first obtained, unless it is for error of law apparent upon the face of the record. Notwithstanding the provisions of this section, no court shall allow a bill of review for a decree entered pursuant to § 58.1-3969 to sell real estate to enforce the lien for delinquent real estate taxes.
§ 8.01-623.Injunction against decree subject to bill of review; limitations to bill of review.
Chapter 24. Injunctions · Last amended 2025 · Last verified July 16, 2026
In one sentenceSection 8.01-623 lets a court reviewing a final decree through a bill of review also enjoin enforcement of that decree while review is pending, but only if the bill is filed within six months of the decree (or six months after a disability ends), generally with leave of court, and never against a tax-sale decree entered under § 58.1-3969.
Full Text of § 8.01-623
Plain-English Summary
A bill of review is a way to reopen a final decree after the fact. This section lets the court hearing that bill also freeze enforcement of the decree in the meantime, so the party seeking review is not stuck complying with (or losing the benefit of) a decree that might be overturned.
Timing controls whether the bill can be filed at all. The general deadline is six months from the final decree, though a person under a disability defined in § 8.01-2 gets six months from the removal of that disability instead. Filing also generally requires leave of court first — the one exception is a bill based on an error of law apparent on the face of the record, which can be filed without that advance permission.
The section closes with a hard exception: no court may allow a bill of review for a decree entered under § 58.1-3969 to sell real estate for delinquent tax liens, keeping title obtained through a tax sale outside this reopening mechanism.
Frequently Asked Questions
What can a court do while a bill of review is pending?
Award an injunction against enforcement of the decree being reviewed.
What is the general deadline to file a bill of review?
Six months after the final decree.
Does that deadline change for a person under a disability?
Yes — a person under a disability as defined in § 8.01-2 may file within six months after the disability is removed.
When can a bill of review be filed without first getting leave of court?
When it is based on an error of law apparent on the face of the record.
Is there any decree this remedy can never reach?
Yes — a decree entered under § 58.1-3969 authorizing the sale of real estate to enforce a delinquent real estate tax lien is excluded entirely.
Amendment History
Code 1950, § 8-613; 1977, c. 617; 2025, c. 267.
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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