No action or suit on any claim or demand, except suits for divorce, actions to establish a parent and child relationship between a child and a prisoner and actions to establish a prisoner's child support obligation, shall be maintained against a prisoner after judgment of conviction and while he is incarcerated, except through his committee, unless a guardian ad litem is appointed for the prisoner pursuant to § 8.01-9, or an attorney licensed to practice law in the Commonwealth has entered of record an appearance for such prisoner. However, in any suit for divorce instituted against a prisoner, the court shall appoint a committee prior to any determination as to the property of the parties under § 20-107.3.
Va. Code Ann. § 53.1-223
Restriction on suits against prisoners
Applied in 2 court decisions — leading case 406 F. Supp. 2d 642 - Buchanan County, VA v. Blankenship (2005)
Most recently applied in 406 F. Supp. 2d 642 - Buchanan County, VA v. Blankenship (December 2005)
Code 1950, § 53-307.1; 1980, c. 504; 1982, c. 636; 1992, c. 398; 2000, c. 404; 2006, c. 553.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.