Chapter 5.1. Multiple Claimant Litigation Act · Last amended 1995 · Last verified July 16, 2026
In one sentenceSection 8.01-267.4 lets any party ask a panel of circuit court judges designated by the Supreme Court to transfer related actions from six or more plaintiffs pending in different circuit courts into one court for coordinated pretrial proceedings, after which that court may remand the cases or keep them for final disposition.
A.Whenever there are pending in different circuit courts of the Commonwealth civil actions brought by six or more plaintiffs which involve common issues of law or fact and arise out of the same transaction, occurrence or the same series of transactions or occurrences, any party may apply to a panel of circuit court judges designated by the Supreme Court for an order of transfer. Upon such application and upon making the findings required by § 8.01- 267.1, the panel may order some or all of the actions transferred to a circuit court in which one or more of the actions are pending for purposes of coordinated or consolidated pretrial proceedings. The circuit court to which actions are transferred may enter further orders as provided in § 8.01-267.3. Any subsequent application for further transfer shall be made to the circuit court to which the actions were transferred. Upon completion of pretrial
proceedings and any joint hearings or trials, the circuit court may remand the actions to the circuit courts in which they were originally filed or may retain them for final disposition.
B.Any party who files an application for transfer shall at the same time give notice of such application to all parties and to the clerk of each circuit court in which an action that is the subject of the application is pending. Upon receipt of the notice, a circuit court shall not enter any further orders under § 8.01-267.3 until after the panel has entered an order granting or denying an application for transfer pursuant to subsection A.
Plain-English Summary
Section 8.01-267.4 handles the situation where related mass-claim litigation is scattered across different circuit courts rather than sitting in one. When civil actions brought by six or more plaintiffs and involving common issues from the same transaction, occurrence, or series of occurrences are pending in different circuits, any party may apply to a panel of circuit court judges the Supreme Court designates for an order transferring the cases together.
If the panel makes the findings § 8.01-267.1 requires, it can order some or all of the actions transferred to a circuit court where one or more of them already pend, for coordinated or consolidated pretrial proceedings. Once cases land there, that court can enter the same kinds of orders § 8.01-267.3 authorizes, and any later application for further transfer goes to that court rather than back to the panel. When pretrial work and any joint hearings or trials wrap up, the court may send the cases back to where they were originally filed or keep them for final disposition.
Subsection B protects the process procedurally: a party filing a transfer application must notify every party and the clerk of every circuit court with a pending case covered by the application, and once that notice goes out, no circuit court may enter further § 8.01-267.3 orders until the panel rules on the transfer application.
Frequently Asked Questions
Who decides whether to transfer multiple claimant actions pending in different circuit courts?
A panel of circuit court judges designated by the Supreme Court.
How many plaintiffs’ actions are needed before this transfer procedure is available?
Civil actions brought by six or more plaintiffs pending in different circuit courts, involving common issues arising from the same transaction, occurrence, or series of transactions or occurrences.
What happens to a case after the transfer panel sends it to a coordinating court?
The coordinating circuit court may enter further orders under § 8.01-267.3, and upon completion of pretrial proceedings and any joint hearings or trials, may remand the actions to their original courts or retain them for final disposition.
Must other parties be notified when someone applies for a transfer under this section?
Yes. The applying party must give notice to all parties and to the clerk of each circuit court where a covered action is pending.
Can a circuit court keep entering consolidation orders while a transfer application is pending before the panel?
No. Once notice of the application is given, a circuit court may not enter further orders under § 8.01-267.3 until the panel rules on the transfer application.
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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