Bill > HB2476

This bill amends an existing Virginia law regarding legal proceedings involving public officers by introducing an automatic substitution provision. Specifically, when a public officer who is a party to a legal action in their official capacity dies, resigns, or leaves office while a lawsuit is pending, their successor will be automatically substituted as a party to the case, but only if the original claim was specifically made against the officer in their official capacity. This change simplifies the legal process by removing the need for a formal motion to substitute parties in such circumstances, which could previously cause complications or potential dismissal of an action. The bill, which was recommended by the Boyd-Graves Conference (a legal advisory group), ensures continuity in legal proceedings involving public officials by providing a streamlined mechanism for replacing a party when the original official's term or life ends. The amendment modifies Section 8.01-17 of the Virginia Code, adding a new subsection that explicitly outlines these automatic substitution rules for public officers.

Justice

https://lis.virginia.gov/bill-details/20251/HB2476