{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/44-97.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/44-97.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/44-97.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/44-97.1.html"}],"law_id":363945,"edition_id":2,"section_id":363945,"structure_id":51902,"section_number":"44-97.1","catch_line":"Continuance or time for filing pleading, etc., where party or attorney is on active duty","history":"1981, c. 288; 1990, c. 790; 2011, cc. 572, 586; 2015, c. 221.","full_text":"Any party to or attorney in an action or proceeding in any court, including the Supreme Court of Virginia, commission, or other tribunal having judicial or quasi-judicial powers or jurisdiction who has been ordered to participate in state active duty, annual active duty for training, or temporary active duty in the reserve forces of any of the armed services of the United States or National Guard shall be entitled to a continuance, not to exceed three weeks, as a matter of right during the period of such duty, provided the continuance is requested at least four days prior to the first day for which the continuance is sought. The period required by any statute or rule for the filing of any pleading or the performance of any act relating thereto shall be extended for seven days after such active duty, provided a request is made four days prior to the date the pleading or act is due. The failure of any court, commission, or other tribunal to allow such continuance when requested to do so or the returning of such filing or act during the period hereinabove specified shall constitute reversible error. This section shall not prevent the granting of temporary injunctive relief or the dissolution or extension of a temporary injunction, but the right to such relief shall remain in the sound discretion of the court or other such tribunal.\n\n","order_by":null,"text":{"0":{"id":1355587,"text":"Any party to or attorney in an action or proceeding in any court, including the Supreme Court of Virginia, commission, or other tribunal having judicial or quasi-judicial powers or jurisdiction who has been ordered to participate in state active duty, annual active duty for training, or temporary active duty in the reserve forces of any of the armed services of the United States or National Guard shall be entitled to a continuance, not to exceed three weeks, as a matter of right during the period of such duty, provided the continuance is requested at least four days prior to the first day for which the continuance is sought. The period required by any statute or rule for the filing of any pleading or the performance of any act relating thereto shall be extended for seven days after such active duty, provided a request is made four days prior to the date the pleading or act is due. The failure of any court, commission, or other tribunal to allow such continuance when requested to do so or the returning of such filing or act during the period hereinabove specified shall constitute reversible error. This section shall not prevent the granting of temporary injunctive relief or the dissolution or extension of a temporary injunction, but the right to such relief shall remain in the sound discretion of the court or other such tribunal.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":51902,"edition_id":2,"name":"Privileges of United States Reserve, National Guard, and Naval Militia","identifier":"10","label":"article","depth":3,"order_by":12,"parent_id":51899,"metadata":{"child_laws":19,"child_structures":0},"date_created":"2026-08-02 02:50:49","date_modified":"2026-08-02 12:33:30","permalink":{"id":1448589,"object_type":"structure","relational_id":51902,"identifier":"10","token":"44\/1\/10","url":"\/44\/1\/10\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51899,"edition_id":2,"name":"Military Laws of Virginia","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":51898,"metadata":{"child_laws":150,"child_structures":16},"date_created":"2026-08-02 02:50:49","date_modified":"2026-08-02 12:33:29","permalink":{"id":1448553,"object_type":"structure","relational_id":51899,"identifier":"1","token":"44\/1","url":"\/44\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51898,"edition_id":2,"name":"Military and Emergency Laws","identifier":"44","label":"title","depth":1,"order_by":97,"parent_id":null,"metadata":{"child_laws":233,"child_structures":28},"date_created":"2026-08-02 02:50:49","date_modified":"2026-08-02 12:33:29","permalink":{"id":1448551,"object_type":"structure","relational_id":51898,"identifier":"44","token":"44","url":"\/44\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":363718,"structure_id":51902,"section_number":"44-100","catch_line":"No action allowed on account of military duties; counsel for members sued or prosecuted","url":"\/44-100\/","token":"44\/1\/10\/44-100","metadata":false},{"id":363719,"structure_id":51902,"section_number":"44-101","catch_line":"Repealed","url":"\/44-101\/","token":"44\/1\/10\/44-101","metadata":false},{"id":363723,"structure_id":51902,"section_number":"44-102","catch_line":"Commission not to vacate civil office","url":"\/44-102\/","token":"44\/1\/10\/44-102","metadata":false},{"id":363720,"structure_id":51902,"section_number":"44-102.1","catch_line":"Rights, benefits and protections upon call to active duty; contract termination","url":"\/44-102.1\/","token":"44\/1\/10\/44-102.1","metadata":false},{"id":363721,"structure_id":51902,"section_number":"44-102.1:1","catch_line":"Benefits upon call to active duty under a state of emergency; health care premiums","url":"\/44-102.1_1\/","token":"44\/1\/10\/44-102.1_1","metadata":{"court_decisions":""}},{"id":363722,"structure_id":51902,"section_number":"44-102.2","catch_line":"Virginia Military Family Relief Fund established","url":"\/44-102.2\/","token":"44\/1\/10\/44-102.2","metadata":false},{"id":363941,"structure_id":51902,"section_number":"44-93","catch_line":"Leaves of absence for employees of Commonwealth or political subdivisions","url":"\/44-93\/","token":"44\/1\/10\/44-93","metadata":false},{"id":363936,"structure_id":51902,"section_number":"44-93.1","catch_line":"Supplement of military pay and additional life insurance benefits for employees of Commonwealth or political subdivisions","url":"\/44-93.1\/","token":"44\/1\/10\/44-93.1","metadata":false},{"id":363937,"structure_id":51902,"section_number":"44-93.2","catch_line":"Leaves of absence from nongovernmental employment","url":"\/44-93.2\/","token":"44\/1\/10\/44-93.2","metadata":false},{"id":363938,"structure_id":51902,"section_number":"44-93.3","catch_line":"Reemployment rights","url":"\/44-93.3\/","token":"44\/1\/10\/44-93.3","metadata":false},{"id":363939,"structure_id":51902,"section_number":"44-93.4","catch_line":"Discrimination against persons who serve in the Virginia National Guard, Virginia Defense Force, or National Guard of another state and acts of reprisal prohibited","url":"\/44-93.4\/","token":"44\/1\/10\/44-93.4","metadata":false},{"id":363940,"structure_id":51902,"section_number":"44-93.5","catch_line":"Penalties for denial","url":"\/44-93.5\/","token":"44\/1\/10\/44-93.5","metadata":false},{"id":363942,"structure_id":51902,"section_number":"44-94","catch_line":"Exemption from jury duty","url":"\/44-94\/","token":"44\/1\/10\/44-94","metadata":false},{"id":363943,"structure_id":51902,"section_number":"44-95","catch_line":"Repealed","url":"\/44-95\/","token":"44\/1\/10\/44-95","metadata":false},{"id":363944,"structure_id":51902,"section_number":"44-96","catch_line":"Military property exempt from levy and sale","url":"\/44-96\/","token":"44\/1\/10\/44-96","metadata":false},{"id":363946,"structure_id":51902,"section_number":"44-97","catch_line":"Exemption from arrest","url":"\/44-97\/","token":"44\/1\/10\/44-97","metadata":false},{"id":363945,"structure_id":51902,"section_number":"44-97.1","catch_line":"Continuance or time for filing pleading, etc., where party or attorney is on active duty","url":"\/44-97.1\/","token":"44\/1\/10\/44-97.1","metadata":false},{"id":363947,"structure_id":51902,"section_number":"44-98","catch_line":"Interference with employment of members of Virginia National Guard or Virginia Defense Force","url":"\/44-98\/","token":"44\/1\/10\/44-98","metadata":false},{"id":363948,"structure_id":51902,"section_number":"44-99","catch_line":"Organizations may own property; suits","url":"\/44-99\/","token":"44\/1\/10\/44-99","metadata":false}],"previous_section":{"id":363946,"structure_id":51902,"section_number":"44-97","catch_line":"Exemption from arrest","url":"\/44-97\/","token":"44\/1\/10\/44-97","metadata":false},"next_section":{"id":363947,"structure_id":51902,"section_number":"44-98","catch_line":"Interference with employment of members of Virginia National Guard or Virginia Defense Force","url":"\/44-98\/","token":"44\/1\/10\/44-98","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-97.1\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 288 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1990, chapter 790; in 2011, chapters 572<\/a> and 586<\/a>; in 2015, chapter 221<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1448655,"object_type":"law","relational_id":363945,"identifier":"44-97.1","token":"44\/1\/10\/44-97.1","url":"\/44-97.1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/44-97.1\/","token":"44\/1\/10\/44-97.1","dublin_core":{"Title":"Continuance or time for filing pleading, etc., where party or attorney is on active duty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-97.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any party<\/span> to or attorney in an action or proceeding in any court<\/span>, including the Supreme Court<\/span> of Virginia, commission, or other tribunal having judicial or quasi-judicial powers or jurisdiction<\/span> who has been ordered to participate in state active duty, annual active duty for training, or temporary active duty in the reserve forces of any of the armed services of the United States or National Guard shall be entitled to a continuance<\/span>, not to exceed three weeks, as a matter of right during the period of such duty, provided the continuance<\/span> is requested at least four days prior to the first day for which the continuance<\/span> is sought. The period required by any statute<\/span> or rule for the filing of any pleading or the performance of any act relating thereto shall be extended for seven days after such active duty, provided a request is made four days prior to the date the pleading or act is due. The failure of any court<\/span>, commission, or other tribunal to allow such continuance<\/span> when requested to do so or the returning of such filing or act during the period hereinabove specified shall constitute reversible error. This section shall not prevent the granting of temporary injunctive relief or the dissolution or extension of a temporary injunction<\/span>, but the right to such relief shall remain in the sound discretion of the court<\/span> or other such tribunal.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONTINUANCE OR TIME FOR FILING PLEADING, ETC., WHERE PARTY OR ATTORNEY IS ON\nACTIVE DUTY (\u00a7 44-97.1)\n\nAny party to or attorney in an action or proceeding in any court, including the\nSupreme Court of Virginia, commission, or other tribunal having judicial or\nquasi-judicial powers or jurisdiction who has been ordered to participate in\nstate active duty, annual active duty for training, or temporary active duty in\nthe reserve forces of any of the armed services of the United States or National\nGuard shall be entitled to a continuance, not to exceed three weeks, as a matter\nof right during the period of such duty, provided the continuance is requested\nat least four days prior to the first day for which the continuance is sought.\nThe period required by any statute or rule for the filing of any pleading or the\nperformance of any act relating thereto shall be extended for seven days after\nsuch active duty, provided a request is made four days prior to the date the\npleading or act is due. The failure of any court, commission, or other tribunal\nto allow such continuance when requested to do so or the returning of such\nfiling or act during the period hereinabove specified shall constitute\nreversible error. This section shall not prevent the granting of temporary\ninjunctive relief or the dissolution or extension of a temporary injunction, but\nthe right to such relief shall remain in the sound discretion of the court or\nother such tribunal.\n\nHISTORY: 1981, c. 288; 1990, c. 790; 2011, cc. 572, 586; 2015, c. 221.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}