Code of Virginia - Title 8.01 Civil Remedies And Procedure - Chapter 8 Process

  • 8.01-285 Definition of certain terms for purposes of this chapter; process, return, statutory agen...
    For the purposes of this chapter: 1. The term "process" shall be deemed to include notice; 2. The term "return" shall be deemed to include ...
  • 8.01-286 Forms of writs
    Subject to the provisions of § 8.01-3, the Supreme Court may prescribe the forms of writs, and where no such prescription is made, the forms ...
  • 8.01-286.1 Service of process; waiver, duty to save costs, request to waive, how served
    A. In an action pending in circuit court, the plaintiff may notify a defendant of the commencement of the action and request that the defendant ...
  • 8.01-287 How process to be served
    Upon commencement of an action, process shall be served in the manner set forth in this chapter and by the Rules of the Supreme Court. ...
  • 8.01-288 Process received in time good though neither served nor accepted
    Except for process commencing actions for divorce or annulment of marriage or other actions wherein service of process is specifically prescribed by statute, process which ...
  • 8.01-289 No service of process on Sunday; exceptions
    No civil process shall be served on Sunday, except in cases of persons escaping out of custody, or where it is otherwise expressly provided by ...
  • 8.01-290 Plaintiffs required to furnish full name and last known address of defendants, etc
    Upon the commencement of every action, the plaintiff shall furnish in writing to the clerk or other issuing officer the full name and last known ...
  • 8.01-291 Copies to be made
    The clerk issuing any such process unless otherwise directed shall deliver or transmit therewith as many copies thereof as there are persons named therein on ...
  • 8.01-292 To whom process directed and where executed
    Process from any court, whether original, mesne, or final, may be directed to the sheriff of, and may be executed in, any county, city, or ...
  • 8.01-293 Authorization to serve process, capias or show cause order; execute writ of possession and levy upo...
    A. The following persons are authorized to serve process: 1. The sheriff within such territorial bounds as described in § 8.01-295; or 2. Any person ...
  • 8.01-294 Sheriff to get from clerk's office process and other papers; return of papers; effect of late retur...
    Every sheriff who attends a court shall, every day when the clerk's office is open for business, go to such office and receive all process, ...
  • 8.01-295 Territorial limits within which sheriff may serve process in his official capacity; process appeari...
    The sheriff may execute such process throughout the political subdivision in which he serves and in any contiguous county or city. If the process appears ...
  • 8.01-296 Manner of serving process upon natural persons
    Subject to the provisions of § 8.01-286.1, in any action at law or in equity or any other civil proceeding in any court, process, for ...
  • 8.01-297 Process on convict defendant
    In all actions against one who has been convicted of a felony and is confined in a local or regional jail or State correctional institution, ...
  • 8.01-298 How summons for witness or juror served
    In addition to the manner of service on natural persons prescribed in § 8.01-296, a summons for a witness or for a juror may be ...
  • 8.01-299 How process served on domestic corporations generally
    Except as prescribed in § 8.01-300 as to municipal and quasi-governmental corporations, and subject to § 8.01-286.1, process may be served on a corporation created ...
  • 8.01-300 How process served on municipal and county governments and on quasi-governmental entities
    Notwithstanding the provisions of § 8.01-299 for service of process on other domestic corporations, process shall be served on municipal and county governments and quasi-governmental ...
  • 8.01-301 How process served on foreign corporations generally
    Subject to § 8.01-286.1, service of process on a foreign corporation may be effected in the following manner: 1. By personal service on any officer, ...
  • 8.01-302 Description unavailable
    Repealed by Acts 2002, c. 702. ...
  • 8.01-303 On whom process served when corporation operated by trustee or receiver
    Subject to § 8.01-286.1, when any corporation is operated by a trustee or by a receiver appointed by any court, in any action against such ...
  • 8.01-304 How process served on copartner or partnership
    Subject to § 8.01-286.1, process against a copartner or partnership may be served upon a general partner, and it shall be deemed service upon the ...
  • 8.01-305 Process against unincorporated associations or orders, or unincorporated common carriers
    Subject to § 8.01-286.1, process against an unincorporated (i) association, (ii) order, or (iii) common carrier, may be served on any officer, trustee, director, staff ...
  • 8.01-306 Process against unincorporated associations or orders, or unincorporated common carriers; principa...
    Subject to § 8.01-286.1, if an unincorporated (i) association, (ii) order, or (iii) common carrier has its principal office outside Virginia and transacts business or ...
  • 8.01-307 Definition of terms "motor vehicle" and "nonresident" in motor vehicle and aircraft accident ca...
    For the purpose of §§ 8.01-308 through 8.01-313: 1. The term "motor vehicle" shall mean every vehicle which is self-propelled or designed for self-propulsion and ...
  • 8.01-308 Service on Commissioner of the Department of Motor Vehicles as agent for nonresident motor vehicle ...
    Any operation in the Commonwealth of a motor vehicle by a nonresident, including those nonresidents defined in subdivision 2 of § 8.01-307, either in person ...
  • 8.01-309 Service on Secretary of Commonwealth as agent of nonresident operator or owner of aircraf...
    Any nonresident owner or operator of any aircraft that is operated over and above the land and waters of the Commonwealth or uses aviation facilities ...
  • 8.01-310 How service made on Commissioner and Secretary; appointment binding
    A. Service of process on either the Commissioner of the Department of Motor Vehicles as authorized under § 8.01-308 or on the Secretary of the ...
  • 8.01-311 Continuance of action where service made on Commissioner or Secretary
    The court, in which an action is pending against a nonresident growing out of an accident or collision as specified in §§ 8.01-308 and 8.01-309, ...
  • 8.01-312 Effect of service on statutory agent; duties of such agent
    A. Service of process on the statutory agent shall have the same legal force and validity as if served within the Commonwealth personally upon the ...
  • 8.01-313 Specific addresses for mailing by statutory agent
    A. For the statutory agent appointed pursuant to §§ 8.01-308 and 8.01-309, the address for the mailing of the process as required by § 8.01-312 ...
  • 8.01-314 Service on attorney after entry of general appearance by such attorney
    When an attorney authorized to practice law in this Commonwealth has entered a general appearance for any party, any process, order or other legal papers ...
  • 8.01-315 Notice to be mailed defendant when service accepted by another
    No judgment shall be rendered upon, or by virtue of, any instrument in writing authorizing the acceptance of service of process by another on behalf ...
  • 8.01-316 Service by publication; when available
    A. Except in condemnation actions, an order of publication may be entered against a defendant in the following manner: 1. An affidavit by a party ...
  • 8.01-317 What order of publication to state; how published; when publication in newspaper dispensed wit...
    Except in condemnation actions, every order of publication shall give the abbreviated style of the suit, state briefly its object, and require the defendants, or ...
  • 8.01-318 Within what time after publication case tried or heard; no subsequent publication require...
    If after an order of publication has been executed, the defendants or unknown parties against whom it is entered shall not appear on or before ...
  • 8.01-319 Publication of interim notice
    A. In any case in which a nonresident party or party originally served by publication has been served as provided by law, and notice of ...
  • 8.01-320 Personal service outside of Virginia
    A. Subject to § 8.01-286.1, service of a process on a nonresident person outside the Commonwealth may be made by: (i) any person authorized to ...
  • 8.01-321 Orders of publication in proceedings to enforce liens for taxes assessed upon real estate
    Whenever an order of publication is entered in any proceeding brought by any county, city or town to enforce a lien for taxes assessed upon ...
  • 8.01-322 Within what time case reheard on petition of party served by publication, and any injustice correct...
    If a party against whom service by publication is had under this chapter did not appear before the date of judgment against him, then such ...
  • 8.01-323 In what counties city newspapers deemed published for purpose of legal advertisements
    Any newspaper published in a city adjoining or wholly or partly within the geographical limits of any county shall be deemed to be published in ...
  • 8.01-324 Newspapers which may be used for legal notices and publications
    A. Whenever any ordinance, resolution, notice, or advertisement is required by law to be published in a newspaper, such newspaper, in addition to any qualifications ...
  • 8.01-325 Return by person serving process
    Unless otherwise directed by the court, the person serving process shall make return thereof to the clerk's office within seventy-two hours of service, except when ...
  • 8.01-326 Return as proof of service
    No return shall be conclusive proof as to service of process. The return of a sheriff shall be prima facie evidence of the facts therein ...
  • 8.01-326.1 Service of process or notice on statutory agent; copy to be sent to defendant and certificate file...
    Any statutory agent who has been served with process or notice shall forthwith mail a copy of such process or notice to the person or ...
  • 8.01-327 Acceptance of service of process
    Service of process may be accepted by the person for whom it is intended by signing the proof of service and indicating the jurisdiction and ...
  • 8.01-327.1 Definition of "arrest under civil process"
    The terms "arrest under civil process" and "civil arrest" shall be synonymous and shall be the apprehending and detaining of a person pursuant to specific ...
  • 8.01-327.2 Who are privileged from arrest under civil process
    In addition to the exemptions made by §§ 30-4, 30-6, 30-7, 30-8, 19.2-280, and 44-97, the following persons shall not be arrested, apprehended, or detained ...

Last modified: April 2, 2009