The action shall be commenced and prosecuted as other actions at law. The name of the real claimant shall be inserted as plaintiff, and all the provisions of law concerning a lessor of a plaintiff shall apply to such plaintiff.
§ 8.01-134.How action commenced and prosecuted.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-134 directs that an ejectment action be commenced and prosecuted like any other action at law, requires the real claimant to be named as plaintiff, and carries forward the traditional rules governing a lessor of a plaintiff.
Full Text of § 8.01-134
Plain-English Summary
Section 8.01-134 folds ejectment procedure into the ordinary rules for actions at law. Nothing about filing, serving, or prosecuting an ejectment case sets it apart procedurally from any other civil action.
The statute also requires that the actual person claiming the property — not a fictional or nominal party — be named as plaintiff, and it carries forward whatever legal provisions apply to a “lessor of a plaintiff,” a reference to the historical fiction once used in ejectment pleading.
Frequently Asked Questions
Does an ejectment action follow special procedures in Virginia?
No. Section 8.01-134 requires it to be commenced and prosecuted the same way as any other action at law.
Who must be named as the plaintiff in an ejectment suit?
The real claimant — the actual person asserting the right to the property — must be inserted as plaintiff, rather than a fictional or nominal party.
What is a “lessor of a plaintiff” under this section?
It is a reference to the historical ejectment fiction in which a nominal plaintiff sued on behalf of the real claimant, called the lessor. Section 8.01-134 says the legal provisions concerning a lessor of a plaintiff continue to apply to the actual plaintiff named in the case.
Can a plaintiff use a fictional name or stand-in to bring an ejectment action?
No. The statute requires the name of the real claimant to be inserted as plaintiff.
How does this section connect to who may be named a defendant under Section 8.01-133?
Together the two sections frame the parties to the suit — Section 8.01-134 fixes who must appear as plaintiff, while Section 8.01-133 governs who may or must be named as defendant.
Amendment History
Code 1950, § 8-801; 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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