If it shall appear at the trial that all the original defendants are liable, but that one or more of the other persons added under the provisions of § 8.01-5 are not liable, the plaintiff shall be entitled to judgment, or to verdict and judgment, as the case may be, against the defendants who appear liable, and such as are not liable shall have judgment and recover costs as against the plaintiff, who shall be allowed the same as costs against the defendants who cause them to be made parties.
§ 8.01-444.Where new parties added; if some not liable, how judgment entered.
Chapter 17. Judgments and Decrees Generally · Article 3. When There Are Several Defendants · Last amended 1977 · Last verified July 16, 2026
In one sentenceWhen parties added to a suit under § 8.01-5 turn out at trial to be not liable while the original defendants are, the plaintiff gets judgment against those who are liable, while the non-liable added parties recover their costs from the plaintiff, who may then recover those same costs from whichever defendants caused the parties to be added.
Full Text of § 8.01-444
Plain-English Summary
Section 8.01-5 lets a plaintiff bring additional parties into a pending suit. Section 8.01-444 sorts out what happens when trial reveals that some of those added parties should not have been there. If the original defendants turn out to be liable, but one or more of the parties added under § 8.01-5 do not, the plaintiff still gets judgment, or a verdict and judgment, against the defendants who are liable.
The parties who turn out not to be liable do not walk away empty-handed — they get judgment against the plaintiff and recover their costs from him. That might look harsh on the plaintiff, since he may have added those parties in good faith. The section balances that by letting the plaintiff recoup the same costs from the defendants whose conduct caused those parties to be joined in the first place, shifting the ultimate expense back onto the party responsible for the unnecessary joinder.
Frequently Asked Questions
What happens if a party added under § 8.01-5 turns out not to be liable at trial?
That party has judgment entered in his favor and recovers costs against the plaintiff.
Does the plaintiff still get judgment against the original defendants who are liable?
Yes, the plaintiff is entitled to judgment, or to verdict and judgment, against the defendants who appear liable.
Who ultimately bears the costs owed to a party who was added but found not liable?
The plaintiff pays those costs to the non-liable party, but he may then recover the same costs from the defendants who caused that party to be made a party.
What section governs how new parties get added to the suit in the first place?
Section 8.01-5, which this section refers to as the source of the added parties.
Does this section apply only when all original defendants are found liable?
It addresses the situation where all the original defendants are liable but one or more of the added persons are not.
Amendment History
Code 1950, § 8-369; 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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