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§ 8.01-2.General definitions for this title.

Chapter 1. General Provisions As to Civil Cases · Last amended 2022 · Last verified July 16, 2026

In one sentenceSection 8.01-2 defines eleven terms used throughout Title 8.01, covering the interchangeable use of “action” and “suit,” “decree” and “judgment,” what counts as a fiduciary and as a person under a disability, the meaning of “rendition of a judgment,” “person,” “sheriff,” and “summons,” and the modern equivalents of older equity-practice terminology.

Full Text of § 8.01-2

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As used in this title, unless the context otherwise requires, the term:
1. "Action" and "suit" may be used interchangeably and shall include all civil proceedings whether upon claims at law, in equity, or statutory in nature and whether in circuit courts or district courts;
2. "Decree" and "judgment" may be used interchangeably and shall include orders or awards;
3. "Fiduciary" shall include any one or more of the following:
a. guardian,
b. committee,
c. trustee,
d. executor,
e. administrator, and administrator with the will annexed,
f. curator of the will of any decedent, or
g. conservator;
4. "Rendition of a judgment" means the time at which the judgment is signed and dated;
5. "Person" shall include individuals, a trust, an estate, a partnership, an association, an order, a corporation, or any other legal or commercial entity;
6. "Person under a disability" shall include:
a. a person convicted of a felony during the period he is confined;
b. an infant;
c. an incapacitated person as defined in § 64.2-2000;
d. an incapacitated ex-service person under § 64.2-2016;
e. persons made defendants by the general description of "parties unknown" in suits involving real property; or
f. any other person who, upon motion to the court by any party to an action or suit or by any person in interest, is determined to be (i) incapable of taking proper care of his person, or (ii) incapable of properly handling and managing his estate, or (iii) otherwise unable to defend his property or legal rights either because of age or temporary or permanent impairment, whether physical, mental, or both. Such impairment may also include substance abuse as defined in § 37.2-100;
7. "Sheriff" shall include deputy sheriffs and such other persons designated in § 15.2-1603;
8. "Summons" and "subpoena" may be used interchangeably and shall include a subpoena duces tecum for the production of documents and tangible things;
9. "Court of equity,""law and equity court,""law and chancery court,""chancery court," "corporation court," "the chancery side," "court exercising powers in chancery," "court with equitable jurisdiction," and "receivership court" shall mean the circuit court when entertaining equitable claims;
10. A "motion for judgment," "bill," "bill of complaint," or "bill in equity" shall mean a complaint in a civil action, as provided in the Rules of Supreme Court of Virginia;
11. "Equity practice," "equity procedure," "chancery practice," and "chancery procedure" shall mean practice and procedure in a civil action as prescribed by this Code and the Rules of Supreme Court of Virginia.

Plain-English Summary

Section 8.01-2 opens with a set of interpretive ground rules that apply throughout the title unless context requires otherwise. “Action” and “suit” are interchangeable and cover every civil proceeding, whether at law, in equity, or by statute, and whether in circuit or district court. “Decree” and “judgment” are likewise interchangeable and include orders and awards. “Rendition of a judgment” means the moment it is signed and dated, and “person” reaches beyond individuals to include a trust, an estate, a partnership, an association, an order, a corporation, or any other legal or commercial entity.

Two of the definitions are lists. “Fiduciary” includes a guardian, committee, trustee, executor, administrator (including one with the will annexed), curator of a decedent’s will, or conservator. “Person under a disability” is broader still: it covers a person confined for a felony conviction during the confinement, an infant, an incapacitated person as defined in § 64.2-2000, an incapacitated ex-service person under § 64.2-2016, parties sued only under the general description of “parties unknown” in real-property suits, and any other person a court determines, on motion, is incapable of caring for himself, incapable of managing his estate, or otherwise unable to defend his property or legal rights because of age or a temporary or permanent impairment — physical, mental, or from substance abuse as defined in § 37.2-100.

The remaining definitions update older terminology to modern practice. “Sheriff” includes deputy sheriffs and the other persons designated in § 15.2-1603. “Summons” and “subpoena” are interchangeable and include a subpoena duces tecum. And a cluster of older labels — “court of equity,” “law and equity court,” “chancery court,” “corporation court,” and similar phrases — all mean the circuit court when it is hearing equitable claims, while “motion for judgment,” “bill,” “bill of complaint,” or “bill in equity” all mean a complaint in a civil action, and “equity practice” or “chancery practice” means practice and procedure in a civil action under the Code and the Rules of the Supreme Court of Virginia.

Frequently Asked Questions

What does “fiduciary” mean under Title 8.01?

Section 8.01-2 defines it to include a guardian, committee, trustee, executor, administrator (including administrator with the will annexed), curator of a decedent’s will, or conservator.

Who counts as a “person under a disability” in Virginia civil procedure?

Section 8.01-2 lists several categories: a person confined after a felony conviction, an infant, an incapacitated person or incapacitated ex-service person as defined elsewhere in the Code, unknown parties sued generally in real-property suits, and anyone else a court determines is unable to care for himself, manage his estate, or defend his property or legal rights because of age or impairment.

Are “action” and “suit” different things under Virginia law?

No. Section 8.01-2 treats them as interchangeable, covering every civil proceeding at law, in equity, or by statute, in either circuit or district court.

What do older terms like “chancery court” or “bill in equity” mean today?

Section 8.01-2 equates “chancery court” and similar older phrases with a circuit court hearing equitable claims, and equates “bill,” “bill of complaint,” or “bill in equity” with a complaint filed in a civil action.

When is a judgment considered “rendered” under this section?

At the time it is signed and dated. Section 8.01-2 defines “rendition of a judgment” by that moment rather than by when it is entered on the docket or communicated to the parties.

Amendment History

1977, c. 617; 1988, c. 37; 1997, c. 921; 2005, cc. 681, 716; 2022, c. 299.

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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