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VA · rules

Va. Sup. Ct. R. 1:6

Res Judicata Claim Preclusion

activein force · 2021-03-01 – presentact-effective-date

(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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