Both the decision of the court transferring or refusing to transfer an action under § 8.01-265 and the decision of the court as to amount of costs awarded under § 8.01-266 shall be within the sound discretion of the trial judge. However, nothing herein shall affect the right to assign as error a court's decision concerning venue.
§ 8.01-267.Discretion of judge.
Chapter 5. Venue · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-267 confirms that a trial judge’s decision to transfer or refuse to transfer venue under § 8.01-265, and the amount of costs awarded under § 8.01-266, rest within the court’s sound discretion, while preserving a party’s right to challenge that venue decision as error on appeal.
Full Text of § 8.01-267
Plain-English Summary
Section 8.01-267 closes out the core venue-transfer sequence by naming the standard of review. Both kinds of decisions the two preceding sections authorize — whether to transfer or retain an action under § 8.01-265, and how much, if anything, to award in costs under § 8.01-266 — belong to the trial judge’s sound discretion.
That deference is not absolute immunity from review. The section is explicit that nothing in it takes away a party’s right to assign the court’s venue decision as error on appeal, even though the trial court’s call gets the benefit of a discretionary standard rather than being reviewed from scratch.
Frequently Asked Questions
What standard governs a trial court’s decision to transfer venue in Virginia?
Sound discretion. Section 8.01-267 states the decision to transfer or refuse to transfer an action under § 8.01-265 is within the sound discretion of the trial judge.
Does the same discretionary standard apply to cost awards for improper venue?
Yes. The decision on the amount of costs awarded under § 8.01-266 is likewise within the trial judge’s sound discretion.
Can a party still appeal a venue transfer decision even though it is discretionary?
Yes. The section states that nothing in it affects the right to assign as error a court’s decision concerning venue.
Which two sections does § 8.01-267 tie its discretion standard to?
Section 8.01-265, governing transfer or retention of an action, and § 8.01-266, governing the amount of costs awarded.
Does § 8.01-267 create any new venue rule of its own?
No. It only states the standard of review for decisions made under §§ 8.01-265 and 8.01-266.
Amendment History
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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