If at any time after verdict or judgment in the trial court during the pendency of an appeal or before the appeal is granted, the marriage, change of name or death of a party, or any other fact which might otherwise be relied on in abatement occurs, and such fact is suggested or relied on in abatement in the Court of Appeals or the Supreme Court, the court may, in its discretion, take or retain jurisdiction and enter judgment or decree in the case as if such event had not occurred.
§ 8.01-20.Effect of marriage, change of name or death on appeal.
Chapter 2. Parties · Article 3. Death or Change of Parties · Last amended 1984 · Last verified July 16, 2026
In one sentenceSection 8.01-20 lets the Court of Appeals or the Supreme Court of Virginia, in its discretion, take or retain jurisdiction and enter judgment as if a party’s marriage, name change, or death had not occurred, when that fact arises after verdict and is suggested or relied on in abatement during, or before, an appeal.
Full Text of § 8.01-20
Plain-English Summary
Section 8.01-20 extends the same kind of protection § 8.01-19 gives to trial proceedings into the appellate stage. If, at any time after a verdict or judgment in the trial court, during the pendency of an appeal or before the appeal is even granted, a party marries, changes names, or dies, or any other fact occurs that might otherwise be relied on in abatement, and that fact is suggested or relied on in abatement before the Court of Appeals or the Supreme Court, the appellate court is not required to let the event derail the case.
Instead, the court may, in its discretion, take or retain jurisdiction and enter judgment or decree in the case as if the event had not occurred. That discretion gives the appellate court the same practical tool the trial court has under related provisions — the ability to keep a case moving toward resolution despite a change in a party’s marital status, name, or even death, rather than dismissing or abating the appeal over it.
Frequently Asked Questions
Does a party’s death during a Virginia appeal automatically end the case?
No. Section 8.01-20 lets the Court of Appeals or the Supreme Court, in its discretion, take or retain jurisdiction and enter judgment as if the death had not occurred.
What other events besides death does this section cover?
Section 8.01-20 also covers a party’s marriage, change of name, or any other fact that might otherwise be relied on in abatement.
When must the triggering event occur for this section to apply?
After verdict or judgment in the trial court, during the pendency of an appeal or before the appeal is granted, and the fact must be suggested or relied on in abatement before the appellate court.
Is the appellate court required to retain jurisdiction despite the event, or is it optional?
It is discretionary. Section 8.01-20 says the court “may, in its discretion,” take or retain jurisdiction rather than requiring it to do so.
Which Virginia courts does this section apply to?
Section 8.01-20 applies to the Court of Appeals and the Supreme Court of Virginia when the triggering fact is suggested or relied on in abatement before either of them.
Amendment History
Code 1950, § 8-148; 1973, c. 401; 1977, c. 617; 1984, c. 703.
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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