If a party plaintiff or defendant becomes incapable of prosecuting or defending because of death, insanity, conviction of felony, removal from office, or other reason and there are one or more co-plaintiffs or co-defendants, the court on motion may in its discretion either (i) suspend the case until a successor in interest is appointed in accordance with the Rules of Court, or (ii) sever the action or suit so that the case shall proceed against the remaining parties without delay, with the case as to the former party being continued and tried separately against the successor in interest when he is substituted as provided by the Rules of Court.
Va. Code Ann. § 8.01-22
When death or disability occurs as to any of several plaintiffs or defendants
Applied in 2 court decisions — leading case Halberstam v. Commonwealth (1995)
Most recently applied in Halberstam v. Commonwealth (February 1995)
Code 1950, § 8-146; 1977, c. 617.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.