In any case in which full justice cannot be done, or the whole controversy ended, without the presence of new parties to the suit, the court, by order, may direct the clerk to issue the proper process against such new parties, and, upon the maturing of the case as to them, proceed to make such orders or decrees as would have been proper if the new parties had been made parties at the commencement of the suit.
§ 8.01-7.When court may add new parties to suit.
Chapter 2. Parties · Article 1. General Provisions · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-7 lets a court, whenever full justice cannot be done without new parties, direct the clerk by order to issue process against them, and once the case has matured as to them, make the same orders or decrees that would have been proper had they been parties from the start.
Full Text of § 8.01-7
Plain-English Summary
Some cases cannot be fully resolved without bringing in someone who was not originally named. Section 8.01-7 gives the court authority to handle that situation directly: in any case where full justice cannot be done, or the whole controversy ended, without new parties, the court may order the clerk to issue the proper process against them.
Once the case has matured as to those new parties — meaning they have been brought in and given the chance to respond — the court proceeds to make whatever orders or decrees would have been proper if they had been parties from the beginning. The new parties do not get a lesser form of adjudication because they arrived later in the case; the court treats the matter as if they had been there from the start.
Frequently Asked Questions
Can a Virginia court bring in new parties after a suit has already begun?
Yes. Section 8.01-7 lets the court, by order, direct the clerk to issue process against new parties whenever full justice cannot be done, or the whole controversy ended, without their presence.
When does a court use this power to add parties?
Section 8.01-7 applies when the case cannot be fully resolved, or the entire controversy brought to an end, without bringing in additional parties.
What happens once the new parties are properly before the court?
Section 8.01-7 says that once the case has matured as to them, the court proceeds to make the orders or decrees that would have been proper had they been original parties.
Does bringing in a new party under this section put them at a disadvantage compared to the original parties?
No. Section 8.01-7 directs the court to treat the new parties as if they had been parties to the suit from its commencement, once the case has matured as to them.
Is this the same as fixing a nonjoinder or misjoinder problem under § 8.01-5?
They work together. Section 8.01-5 confirms that nonjoinder does not defeat a case, while Section 8.01-7 gives the court the specific mechanism — ordering process against the new parties — for bringing them in when the controversy cannot otherwise be resolved.
Amendment History
Code 1950, § 8-129; 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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