For purposes of this chapter, actions shall be considered pending in the same circuit court when they have been (i) filed in that court, regardless of whether the defendant has been served with process, or (ii) properly transferred to that court.
§ 8.01-267.2.When actions pending in same court.
Chapter 5.1. Multiple Claimant Litigation Act · Last amended 1995 · Last verified July 16, 2026
In one sentenceSection 8.01-267.2 defines when actions count as pending in the same circuit court for purposes of the Multiple Claimant Litigation Act — either because they were filed there, whether or not the defendant has been served, or because they were properly transferred to that court.
Full Text of § 8.01-267.2
Plain-English Summary
The Multiple Claimant Litigation Act’s consolidation and transfer mechanics depend on knowing which actions are “pending in the same circuit court.” Section 8.01-267.2 answers that with a short, two-part definition. Actions count as pending in the same court if they were filed there, and it does not matter whether the defendant has been served with process yet — filing alone is enough.
The definition’s second branch covers actions that started elsewhere: an action is also pending in a circuit court once it has been properly transferred there under the chapter’s transfer provisions. Together, the two branches give the consolidation machinery in §§ 8.01-267.1, 8.01-267.3, and 8.01-267.4 a clear, workable starting point for figuring out which cases sit in front of which judge.
Frequently Asked Questions
Does a defendant need to be served before an action counts as “pending” in a circuit court under this chapter?
No. Section 8.01-267.2 says actions are considered pending once filed in that court, regardless of whether the defendant has been served with process.
Can an action that started in a different circuit court count as pending in the court it moved to?
Yes, once it has been properly transferred to that court.
Why does this definition matter under the Multiple Claimant Litigation Act?
The chapter’s consolidation and transfer sections turn on which actions are pending in the same circuit court, so this definition supplies the baseline for applying those provisions.
Does § 8.01-267.2 define anything beyond when actions are pending in the same court?
No. Its scope is limited to that single definitional purpose for the chapter.
Is filing alone sufficient, or must the case also be actively litigated to count as pending?
Filing alone suffices under the first branch of the definition; service of process is not required.
Amendment History
1995, c. 555.
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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