(a)Substitution of a successor. If a person becomes incapable of prosecuting or defending because of death, disability, conviction of felony, removal from office, or other cause, a successor in interest may be substituted as a party in such person’s place.(b)Motion, Consent, Procedure. Substitution may be made on motion of the successor or of any party to the suit. If the successor does not make or consent to the motion, the party making the motion may file the motion and a proposed amended pleading effecting the substitution in the clerk’s office and serve a copy of the motion and the proposed amended pleading upon the party to be substituted in the manner prescribed by the Code of Virginia for serving original process upon such party. Unless the movant and the party to be substituted agree otherwise, or the court orders a different schedule, the party sought to be substituted must file a written response to the motion for substitution within 21 days after service of the motion and proposed amended pleading upon the party sought to be substituted.
Va. Sup. Ct. 3:17
Amended by Order dated September 30, 2004, effective immediately; amended by order dated June 14, 2005, effective January 1, 2006; amended by order dated September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.
