§ 8.01-428. Setting aside default judgments; clerical mistakes; independentactions to relieve party from judgment or proceedings; grounds and timelimitations.
A. Default judgments and decrees pro confesso; summary procedure. - Uponmotion of the plaintiff or judgment debtor and after reasonable notice to theopposite party, his attorney of record or other agent, the court may setaside a judgment by default or a decree pro confesso upon the followinggrounds: (i) fraud on the court, (ii) a void judgment, (iii) on proof of anaccord and satisfaction, or (iv) on proof that the defendant was, at the timeof service of process or entry of judgment, a person in the military serviceof the United States for purposes of 50 U.S.C. app. § 502. Such motion on theground of fraud on the court shall be made within two years from the date ofthe judgment or decree.
B. Clerical mistakes. - Clerical mistakes in all judgments or other parts ofthe record and errors therein arising from oversight or from an inadvertentomission may be corrected by the court at any time on its own initiative orupon the motion of any party and after such notice, as the court may order.During the pendency of an appeal, such mistakes may be corrected before theappeal is docketed in the appellate court, and thereafter while the appeal ispending such mistakes may be corrected with leave of the appellate court.
C. Failure to notify party or counsel of final order. - If counsel, or aparty not represented by counsel, who is not in default in a circuit court isnot notified by any means of the entry of a final order and the circuit courtis satisfied that such lack of notice (i) did not result from a failure toexercise due diligence on the part of that party and (ii) denied that partyan opportunity to pursue post-trial relief in the circuit court or to file anappeal therefrom, the circuit court may, within 60 days of the entry of suchorder, modify, vacate, or suspend the order or grant the party leave toappeal. Where the circuit court grants the party leave to appeal, thecomputation of time for noting and perfecting an appeal shall run from theentry of such order, and such order shall have no other effect.
D. Other judgments or proceedings. - This section does not limit the power ofthe court to entertain at any time an independent action to relieve a partyfrom any judgment or proceeding, or to grant relief to a defendant not servedwith process as provided in § 8.01-322, or to set aside a judgment or decreefor fraud upon the court.
E. Nothing in this section shall constitute grounds to set aside an otherwisevalid default judgment against a defendant who was not, at the time ofservice of process or entry of judgment, a servicemember for purposes of 50U.S.C. app. § 502.
(1977, c. 617; 1991, c. 39; 1993, c. 951; 2005, cc. 333, 909.)
§ 8.01-428. Setting aside default judgments; clerical mistakes; independentactions to relieve party from judgment or proceedings; grounds and timelimitations.
A. Default judgments and decrees pro confesso; summary procedure. - Uponmotion of the plaintiff or judgment debtor and after reasonable notice to theopposite party, his attorney of record or other agent, the court may setaside a judgment by default or a decree pro confesso upon the followinggrounds: (i) fraud on the court, (ii) a void judgment, (iii) on proof of anaccord and satisfaction, or (iv) on proof that the defendant was, at the timeof service of process or entry of judgment, a person in the military serviceof the United States for purposes of 50 U.S.C. app. § 502. Such motion on theground of fraud on the court shall be made within two years from the date ofthe judgment or decree.
B. Clerical mistakes. - Clerical mistakes in all judgments or other parts ofthe record and errors therein arising from oversight or from an inadvertentomission may be corrected by the court at any time on its own initiative orupon the motion of any party and after such notice, as the court may order.During the pendency of an appeal, such mistakes may be corrected before theappeal is docketed in the appellate court, and thereafter while the appeal ispending such mistakes may be corrected with leave of the appellate court.
C. Failure to notify party or counsel of final order. - If counsel, or aparty not represented by counsel, who is not in default in a circuit court isnot notified by any means of the entry of a final order and the circuit courtis satisfied that such lack of notice (i) did not result from a failure toexercise due diligence on the part of that party and (ii) denied that partyan opportunity to pursue post-trial relief in the circuit court or to file anappeal therefrom, the circuit court may, within 60 days of the entry of suchorder, modify, vacate, or suspend the order or grant the party leave toappeal. Where the circuit court grants the party leave to appeal, thecomputation of time for noting and perfecting an appeal shall run from theentry of such order, and such order shall have no other effect.
D. Other judgments or proceedings. - This section does not limit the power ofthe court to entertain at any time an independent action to relieve a partyfrom any judgment or proceeding, or to grant relief to a defendant not servedwith process as provided in § 8.01-322, or to set aside a judgment or decreefor fraud upon the court.
E. Nothing in this section shall constitute grounds to set aside an otherwisevalid default judgment against a defendant who was not, at the time ofservice of process or entry of judgment, a servicemember for purposes of 50U.S.C. app. § 502.
(1977, c. 617; 1991, c. 39; 1993, c. 951; 2005, cc. 333, 909.)
§ 8.01-428. Setting aside default judgments; clerical mistakes; independentactions to relieve party from judgment or proceedings; grounds and timelimitations.
A. Default judgments and decrees pro confesso; summary procedure. - Uponmotion of the plaintiff or judgment debtor and after reasonable notice to theopposite party, his attorney of record or other agent, the court may setaside a judgment by default or a decree pro confesso upon the followinggrounds: (i) fraud on the court, (ii) a void judgment, (iii) on proof of anaccord and satisfaction, or (iv) on proof that the defendant was, at the timeof service of process or entry of judgment, a person in the military serviceof the United States for purposes of 50 U.S.C. app. § 502. Such motion on theground of fraud on the court shall be made within two years from the date ofthe judgment or decree.
B. Clerical mistakes. - Clerical mistakes in all judgments or other parts ofthe record and errors therein arising from oversight or from an inadvertentomission may be corrected by the court at any time on its own initiative orupon the motion of any party and after such notice, as the court may order.During the pendency of an appeal, such mistakes may be corrected before theappeal is docketed in the appellate court, and thereafter while the appeal ispending such mistakes may be corrected with leave of the appellate court.
C. Failure to notify party or counsel of final order. - If counsel, or aparty not represented by counsel, who is not in default in a circuit court isnot notified by any means of the entry of a final order and the circuit courtis satisfied that such lack of notice (i) did not result from a failure toexercise due diligence on the part of that party and (ii) denied that partyan opportunity to pursue post-trial relief in the circuit court or to file anappeal therefrom, the circuit court may, within 60 days of the entry of suchorder, modify, vacate, or suspend the order or grant the party leave toappeal. Where the circuit court grants the party leave to appeal, thecomputation of time for noting and perfecting an appeal shall run from theentry of such order, and such order shall have no other effect.
D. Other judgments or proceedings. - This section does not limit the power ofthe court to entertain at any time an independent action to relieve a partyfrom any judgment or proceeding, or to grant relief to a defendant not servedwith process as provided in § 8.01-322, or to set aside a judgment or decreefor fraud upon the court.
E. Nothing in this section shall constitute grounds to set aside an otherwisevalid default judgment against a defendant who was not, at the time ofservice of process or entry of judgment, a servicemember for purposes of 50U.S.C. app. § 502.
(1977, c. 617; 1991, c. 39; 1993, c. 951; 2005, cc. 333, 909.)
