8.01-22 - When death or disability occurs as to any of several plaintiffs or defendants.
§ 8.01-22. When death or disability occurs as to any of several plaintiffs ordefendants.
If a party plaintiff or defendant becomes incapable of prosecuting ordefending because of death, insanity, conviction of felony, removal fromoffice, or other reason and there are one or more co-plaintiffs orco-defendants, the court on motion may in its discretion either (i) suspendthe case until a successor in interest is appointed in accordance with theRules of Court, or (ii) sever the action or suit so that the case shallproceed against the remaining parties without delay, with the case as to theformer party being continued and tried separately against the successor ininterest when he is substituted as provided by the Rules of Court.
(Code 1950, § 8-146; 1977, c. 617.)