VA · rules
Va. Sup. Ct. R. 1:6
Res Judicata Claim Preclusion
(a) Definition of Cause of Action. A party whose claim for relief arising from
identified conduct, a transaction, or an occurrence, is decided on the merits by a final
judgment, is forever barred from prosecuting any second or subsequent civil action
against the same opposing party or parties on any claim or cause of action that arises
from that same conduct, transaction or occurrence, whether or not the legal theory or
rights asserted in the second or subsequent action were raised in the prior lawsuit, and
regardless of the legal elements or the evidence upon which any claims in the prior
proceeding depended, or the particular remedies sought. A claim for relief pursuant to
this rule includes those set forth in a complaint, counterclaim, cross-claim or third-party
pleading.
(b) Effective Date. This rule applies to all Virginia judgments entered in civil actions
commenced after July 1, 2006.
(c) Exceptions. The provisions of this Rule do not bar a party or a party's insurer
from prosecuting separate personal injury and property damage suits arising out of the
same conduct, transaction or occurrence, and do not bar a party who has pursued
mechanic's lien remedies pursuant to Virginia Code § 43-1 et seq. from prosecuting a
subsequent claim against the same or different defendants for relief not recovered in the
prior mechanic's lien proceedings, to the extent heretofore permitted by law.
(d) Privity. The law of privity as heretofore articulated in case law in the
Commonwealth of Virginia is unaffected by this Rule and remains intact. For purposes of
this Rule, party or parties include all named parties and those in privity.
History
Last amended by Order dated November 23, 2020; effective March 1, 2021.
Provenance
- Source
- www.vacourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
2b777ce7144d1491c698af5b6a0c900dd680944aed1a314745397215f8927901
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