64.1-114 - Substitution of supposed decedent in pending actions; reopening of judgments; effect of judgments. - Virginia Statutes

§ 64.1-114. Substitution of supposed decedent in pending actions; reopeningof judgments; effect of judgments.

After revocation of the order determining death the person erroneouslysupposed to be dead may, on suggestion filed of record of the proper fact, besubstituted as plaintiff in all actions brought by his personalrepresentative, whether prosecuted to judgment or otherwise. He may, in allactions previously brought against his personal representative, besubstituted as defendant, on proper suggestion filed by himself, or of theplaintiff therein, but shall not be compelled to go to trial in less thanthree months from the time of such suggestion filed. Judgments recoveredagainst the personal representative before revocation as aforesaid of theletters may be opened, on application by the supposed decedent made withinthree months from the revocation and supported by affidavit, denyingspecifically, on the knowledge of the affiant, the cause of the action, inwhole or in part, or specifically alleging the existence of facts which wouldbe a valid defense; but, if within such period of three months, suchapplication shall not be made or, being made, the facts exhibited shall beadjudged an insufficient defense, the judgment shall be conclusive to allintents, saving the defendant's right to have it reviewed, as in other cases,by certiorari, appeal or writ of error. After the substitution of thesupposed decedent as defendant in any judgment, as aforesaid, it shall becomea lien upon his real estate in the county or city and shall so continue asother judgments, unless and until it shall be set aside by the court below orreversed in the Supreme Court.

(Code 1950, § 64-110; 1968, c. 656; 1971, Ex. Sess., c. 156; 2006, c. 351.)