§ 8.01-429.Action of appellate court when there might be redress under § 8.01-428.
Chapter 17. Judgments and Decrees Generally · Article 1. In General · Last amended 1984 · Last verified July 16, 2026
In one sentenceSection 8.01-429 bars an appeal from the Court of Appeals or Supreme Court on any matter that could instead be corrected by a § 8.01-428 motion in the trial court until that motion has been made and overruled, and directs the appellate court to affirm an already-corrected judgment, or make the correction itself, absent other error.
Full Text of § 8.01-429
Text size
No appeal shall be allowed by the Court of Appeals or the Supreme Court or any judge or justice thereof for any matter for which a judgment or decree is liable to be reversed or amended, on motion as aforesaid, by the court which rendered it, or the judge thereof, until such motion is made and overruled in whole or in part. And when the Court of Appeals or the Supreme Court hears a case on appeal, if it appears that, either before or since the appeal, the judgment or decree has been so amended, the Court of Appeals or the Supreme Court shall affirm the judgment or
decree, unless there is other error. If it appears that the amendment ought to be, and has not been made, the Court of Appeals or the Supreme Court may make such amendment, and affirm in like manner the judgment or decree, unless there is other error.
Plain-English Summary
This section makes the § 8.01-428 motion a mandatory first stop for certain kinds of appellate relief. No appeal to the Court of Appeals or Supreme Court, or to any judge or justice of either, will be allowed on a matter that a judgment or decree is liable to be reversed or amended for on a § 8.01-428-type motion in the court that rendered it, until that motion has been made in the trial court and overruled, in whole or in part.
The section then tells the appellate court what to do once a case does reach it. If the trial court already amended the judgment or decree to fix the problem — whether before or after the appeal was noted — the appellate court affirms, unless some other error remains. And if the amendment that ought to have been made never was, the appellate court can make it itself and then affirm in the same way, again unless other error remains.
Frequently Asked Questions
Can a party appeal directly to the Court of Appeals or Supreme Court without first seeking relief under § 8.01-428?
Not for a matter a judgment or decree is liable to be reversed or amended for on a motion under § 8.01-428 — that motion must be made and overruled in the trial court first.
What happens on appeal if the trial court already fixed the problem before or during the appeal?
The appellate court affirms the judgment or decree as amended, unless there is other error.
What if the trial court should have made a correction but never did?
The appellate court may make the amendment itself and then affirm the judgment or decree in the same manner, unless there is other error.
Does this section apply to both the Court of Appeals and the Supreme Court of Virginia?
Yes, and to any judge or justice of either court.
Why does Virginia require a § 8.01-428 motion before certain appeals?
To give the trial court a first chance to fix fraud, clerical errors, or similar problems itself before the appellate courts get involved.
Amendment History
Code 1950, § 8-349; 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
Also known as:virginia appeal exhaustion 8.01-428 motion requirement8.01-429 explainedmust file motion before appeal virginia judgmentvirginia appellate court amend judgmentwhen can you appeal a virginia default judgment ruling