Part Three: Practice and Procedures in Civil Actions · Last amended 2021 · Last verified July 16, 2026
In one sentenceEstablishes that Virginia circuit courts use a single form of civil action for both legal and equitable claims, extends Part Three to cases appealed or removed from lower courts, excludes habeas corpus petitions, and keeps established practice alive wherever these Rules are silent.
Full Text of Rule 3:1
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There is one form of civil case, known as a civil action. These Rules apply to all civil actions, in the circuit courts, whether the claims involved arise under legal or equitable causes of action, unless otherwise provided by law. These rules apply in cases appealed or removed to such courts from inferior courts whenever applicable to such cases. These Rules do not apply in petitions for a writ of habeas corpus. In matters not covered by these Rules, the established practices and procedures are continued.
Whenever in this Part Three the words "action" or "suit" appear they refer to a civil action, which may include legal and equitable claims.
Plain-English Summary
Virginia collapsed the old separation between law and equity into one procedural track. This rule says there is a single kind of civil case — a civil action — and that Part Three governs it in the circuit courts no matter whether the underlying claim sounds in law or in equity, unless some other law says otherwise. The same Rules follow a case that started in a lower court and lands in circuit court through appeal or removal, wherever those Rules can sensibly apply. One category sits outside this framework entirely: petitions for a writ of habeas corpus, which follow their own procedure. And when a situation comes up that Part Three doesn’t address, the rule doesn’t leave a gap — the practices and procedures already established in Virginia continue to apply.
The rule also fixes the vocabulary for everything that follows. Anywhere Part Three uses the words “action” or “suit,” it means a civil action, and that civil action can carry legal claims, equitable claims, or both together in the same case.
Frequently Asked Questions
Does Virginia still separate law and equity into different kinds of cases?
No. This rule establishes one form of civil case — the civil action — covering both legal and equitable claims in the circuit courts, unless another law provides otherwise.
Do these Rules apply to a case that was appealed or removed from a lower court?
Yes. Part Three applies in cases appealed or removed to the circuit courts from inferior courts, wherever the Rules can apply to those cases.
Does Part Three govern habeas corpus petitions?
No. The rule expressly excludes petitions for a writ of habeas corpus from these Rules.
What governs a situation these Rules don’t specifically cover?
Virginia’s established practices and procedures continue to apply in any matter not covered by these Rules.
What do the words “action” or “suit” mean when they appear in Part Three?
They refer to a civil action, which may include legal claims, equitable claims, or both.
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as:virginia civil action rulescircuit court civil procedure scope virginiadoes virginia merge law and equityhabeas corpus virginia civil rulesvirginia part three rules of court