25.1-217 - Substitution of party where owner becomes incapable of defending. - Virginia Statutes

§ 25.1-217. Substitution of party where owner becomes incapable of defending.

A. If an owner becomes incapable of defending because of death, insanity,conviction of felony, removal from office, or other cause, his successor ininterest may be substituted as a party in his place. Substitution shall bemade on motion of the successor or of any party to the proceedings.

B. If the successor does not make or consent to the motion, the party makingthe motion shall file it with the court and the procedure thereon and theservice of notice of such motion, if any, shall be in whatever manner thecourt may require as reasonable and proper in the circumstances involved butin no event shall the period of time required for any notice be greater thanthat which is prescribed for the notice in § 25.1-209 or § 25.1-210.

(1962, c. 426, § 25-46.15; 2003, c. 940.)