Any court may require that reasonable notice be given to the adverse party, or to his attorney of record, of the time and place of moving for it, before the injunction is granted, if, in the opinion of the court, it be proper that such notice be given.
§ 8.01-629.Notice required.
Chapter 24. Injunctions · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-629 leaves the notice decision to the court's discretion, allowing but not requiring a Virginia court to demand that the party seeking an injunction give the adverse party reasonable advance notice of when and where the motion will be heard.
Full Text of § 8.01-629
Plain-English Summary
Notice before an injunction is not automatic in Virginia. This section lets a court require the party asking for an injunction to give reasonable notice to the adverse party or their attorney of record, spelling out the time and place of the motion — but only if, in the court’s opinion, notice is proper under the circumstances.
That discretion is the hinge that makes § 8.01-624’s recognition of injunctions granted “with or without notice” workable. A judge weighs the case in front of them — including whether advance warning would let the other side defeat the point of the order, by moving assets or destroying evidence, for instance — and decides case by case whether the adverse party gets to be heard before relief is granted.
For anyone seeking emergency relief without notifying the other side, this section is the reason a judge may ask why notice is not appropriate here — nothing in the statute excuses notice by default; it is left to the court to require or waive.
Frequently Asked Questions
Is notice to the opposing party required before every Virginia injunction?
No — the court has discretion; it may require notice if, in its opinion, notice is proper.
What must the notice cover if the court requires it?
The time and place of moving for the injunction.
Who receives the notice?
The adverse party, or that party’s attorney of record.
What standard must the notice meet?
Reasonable notice.
Does this section list factors a court must weigh before requiring notice?
No — it leaves the judgment of whether notice is proper entirely to the court’s discretion, without listing specific factors.
Amendment History
Code 1950, § 8-621; 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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