44-97.1 - Continuance or time for filing pleading, etc., where party or attorney is on active duty in United States reserves, National Guard, or naval militia.
§ 44-97.1. Continuance or time for filing pleading, etc., where party orattorney is on active duty in United States reserves, National Guard, ornaval militia.
Any party to or attorney in an action or proceeding in any court, includingthe Supreme Court of Virginia, commission, or other tribunal having judicialor quasi-judicial powers or jurisdiction who has been ordered to participatein annual active duty for training or temporary active duty in the reserveforces of any of the armed services of the United States, National Guard, ornaval militia shall be entitled to a continuance, not to exceed three weeks,as a matter of right during the period of such duty, provided the continuanceis requested at least four days prior to the first day for which thecontinuance is sought. The period required by any statute or rule for thefiling of any pleading or the performance of any act relating thereto shallbe extended for seven days after such active duty, provided a request is madefour days prior to the date the pleading or act is due. The failure of anycourt, commission, or other tribunal to allow such continuance when requestedto do so or the returning of such filing or act during the period hereinabovespecified shall constitute reversible error. This section shall not preventthe granting of temporary injunctive relief or the dissolution or extensionof a temporary injunction, but the right to such relief shall remain in thesound discretion of the court or other such tribunal.
(1981, c. 288; 1990, c. 790.)