If the committee, personal representative, heir, or devisee of the plaintiff or appellant who was a party, or of the decedent whose personal representative was plaintiff or appellant, shall not make a motion for substitution of parties under the applicable Rules of Court within a reasonable time after there may have been a suggestion on the record of the fact making such motion proper, the suit of such plaintiff or appellant shall be discontinued, unless good cause be shown to the contrary.
§ 8.01-18.When suit discontinued unless revived.
Chapter 2. Parties · Article 3. Death or Change of Parties · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-18 discontinues a plaintiff’s or appellant’s suit if the committee, personal representative, heir, or devisee who should move to substitute parties fails to do so within a reasonable time after the triggering fact is suggested on the record, unless good cause is shown to the contrary.
Full Text of § 8.01-18
Plain-English Summary
When a plaintiff or appellant, or the decedent whose personal representative was plaintiff or appellant, can no longer carry the case forward personally, someone else has to step in and formally ask the court to substitute the proper party. Section 8.01-18 sets the consequence for not doing so: if the committee, personal representative, heir, or devisee of the plaintiff or appellant, or of the decedent whose personal representative was plaintiff or appellant, does not make a motion for substitution under the applicable Rules of Court within a reasonable time after the relevant fact has been suggested on the record, the suit is discontinued.
That outcome is not absolute. The section allows the suit to survive discontinuance if good cause is shown to the contrary, giving the court room to excuse a delay that has a legitimate explanation rather than treating every missed deadline the same way.
Frequently Asked Questions
What happens if no one moves to substitute parties after a plaintiff’s role in a Virginia suit ends?
Section 8.01-18 discontinues the suit if the proper substitution motion is not made within a reasonable time after the triggering fact is suggested on the record, unless good cause is shown.
Who is responsible for making the substitution motion under this section?
Section 8.01-18 places that responsibility on the committee, personal representative, heir, or devisee of the plaintiff or appellant, or of the decedent whose personal representative was plaintiff or appellant.
Is there a fixed deadline for making the substitution motion?
No. Section 8.01-18 uses a “reasonable time” standard measured from when the relevant fact was suggested on the record, rather than a fixed number of days.
Can a suit be saved even if the substitution motion isn’t made within a reasonable time?
Yes, if good cause is shown to the contrary. Section 8.01-18 builds in that exception to automatic discontinuance.
Does this section apply on the defendant’s side of the case as well?
Section 8.01-18 speaks specifically to the plaintiff or appellant, or the decedent whose personal representative held that role, rather than to defendants generally.
Amendment History
Code 1950, § 8-153; 1954, c. 333; 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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