§ 8.01-690.Applicability provisions.
Chapter 27. Virginia Prisoner Litigation Reform Act · Last amended 2025 · Last verified July 16, 2026
Full Text of § 8.01-690
Plain-English Summary
Before any of Chapter 27’s fee rules, venue rules, or discovery limits kick in, a case has to clear this gate. Two things have to be true: the prisoner must be representing himself, without a lawyer, and the case must be one of the four kinds listed here — a claim for money damages under Virginia law, or a request for an injunction, a declaratory judgment, or a writ of mandamus.
The word “prisoner” reaches anyone incarcerated in a state or local correctional facility, and the section says explicitly that this includes facilities run under the Corrections Private Services Act. A 2025 amendment updated the section, and the current text makes clear that contracting out a facility’s day-to-day operation to a private company does not exempt suits arising there from the Act’s coverage.
Because the section names only pro se cases, a prisoner who retains or is appointed a lawyer for a civil suit falls outside this chapter’s special rules. And because it lists only four kinds of relief, an action seeking something else — a habeas corpus petition challenging confinement itself, for instance — follows its own separate procedural track rather than Chapter 27’s.
Frequently Asked Questions
Does the Act apply to a lawsuit filed by a prisoner’s attorney?
No. The section limits Chapter 27 to pro se civil actions, meaning cases the prisoner files and pursues without a lawyer.
What kinds of relief trigger the Act’s coverage?
Actions seeking money damages under Virginia law, or seeking injunctive relief, a declaratory judgment, or a writ of mandamus.
Does it matter whether the correctional facility is state-run or privately operated?
No. The section covers prisoners in any state or local correctional facility, and it expressly includes facilities operated under the Corrections Private Services Act.
Does this section cover federal prisoners or people held out of state?
The text is limited to prisoners incarcerated in state or local correctional facilities; it does not address federal facilities or out-of-state placements.
Does this section list habeas corpus petitions as covered actions?
No. It names money-damages, injunctive, declaratory, and mandamus actions only; habeas petitions are handled under the separate extraordinary-writs provisions elsewhere in Title 8.01.
Amendment History
2002, c. 871; 2025, c. 337.