{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-264.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-264.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-264.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-264.html"}],"law_id":75806,"edition_id":1,"section_id":75806,"structure_id":14663,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","history":"Code 1950, \u00a7\u00a7 16.1-167 to 16.1-170; 1956, c. 555; 1977, c. 559; 1984, c. 594; 1987, c. 632; 1991, c. 62; 2004, c. 588; 2011, c. 482.","full_text":"A\n\nIf a party designated in subsection A of § 16.1-263 to be served with a summons can be found within the Commonwealth, the summons shall be served upon him in person or by substituted service as prescribed in subdivision 2 of § 8.01-296.\n\t\t\tIf a party designated to be served in § 16.1-263 is without the Commonwealth but can be found or his address is known, or can with reasonable diligence be ascertained, service of summons may be made either by delivering a copy thereof to him personally or by mailing a copy thereof to him by certified mail return receipt requested.\n\t\t\tIf after reasonable effort a party other than the person who is the subject of the petition cannot be found or his post-office address cannot be ascertained, whether he is within or without the Commonwealth, the court may order service of the summons upon him by publication in accordance with the provisions of §§ 8.01-316 and 8.01-317.A1\n\nAny person who is subject to an emergency protective order issued pursuant to § 16.1-253.4 or 19.2-152.8 shall have been personally served with the protective order if a law-enforcement officer, as defined in § 9.1-101, personally provides to such person a notification of the issuance of the order, which shall be on a form approved by the Executive Secretary of the Supreme Court of Virginia, provided that all of the information and individual requirements of the order are included on the form. The officer making service shall enter or cause to be entered the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court.B\n\nService of summons may be made under the direction of the court by sheriffs, their deputies and police officers in counties and cities or by any other suitable person designated by the court. However, in any case in which custody or visitation of a minor child or children is at issue and a summons is issued for the attendance and testimony of a teacher or other school personnel who is not a party to the proceeding, if such summons is served on school property, it shall be served only by a sheriff or his deputy.C\n\nProof of service may be made by the affidavit of the person other than an officer designated in subsection B hereof who delivers a copy of the summons to the person summoned, but if served by a state, county or municipal officer his return shall be sufficient without oath.D\n\nThe summons shall be considered a mandate of the court and willful failure to obey its requirements shall subject any person guilty thereof to liability for punishment as for contempt.","order_by":null,"text":{"0":{"id":272206,"text":"If a party designated in subsection A of § 16.1-263 to be served with a summons can be found within the Commonwealth, the summons shall be served upon him in person or by substituted service as prescribed in subdivision 2 of § 8.01-296.\n\t\t\tIf a party designated to be served in § 16.1-263 is without the Commonwealth but can be found or his address is known, or can with reasonable diligence be ascertained, service of summons may be made either by delivering a copy thereof to him personally or by mailing a copy thereof to him by certified mail return receipt requested.\n\t\t\tIf after reasonable effort a party other than the person who is the subject of the petition cannot be found or his post-office address cannot be ascertained, whether he is within or without the Commonwealth, the court may order service of the summons upon him by publication in accordance with the provisions of §§ 8.01-316 and 8.01-317.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":272207,"text":"Any person who is subject to an emergency protective order issued pursuant to § 16.1-253.4 or 19.2-152.8 shall have been personally served with the protective order if a law-enforcement officer, as defined in § 9.1-101, personally provides to such person a notification of the issuance of the order, which shall be on a form approved by the Executive Secretary of the Supreme Court of Virginia, provided that all of the information and individual requirements of the order are included on the form. The officer making service shall enter or cause to be entered the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A","next_prefix":"B"},"2":{"id":272208,"text":"Service of summons may be made under the direction of the court by sheriffs, their deputies and police officers in counties and cities or by any other suitable person designated by the court. However, in any case in which custody or visitation of a minor child or children is at issue and a summons is issued for the attendance and testimony of a teacher or other school personnel who is not a party to the proceeding, if such summons is served on school property, it shall be served only by a sheriff or his deputy.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A1","next_prefix":"C"},"3":{"id":272209,"text":"Proof of service may be made by the affidavit of the person other than an officer designated in subsection B hereof who delivers a copy of the summons to the person summoned, but if served by a state, county or municipal officer his return shall be sufficient without oath.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"4":{"id":272210,"text":"The summons shall be considered a mandate of the court and willful failure to obey its requirements shall subject any person guilty thereof to liability for punishment as for contempt.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14663,"edition_id":1,"name":"Intake, Petition and Notice","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:49:12","date_modified":"2026-06-26 03:49:12","permalink":{"id":161621,"object_type":"structure","relational_id":14663,"identifier":"5","token":"16.1\/11\/5","url":"\/16.1\/11\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68644,"structure_id":14663,"section_number":"16.1-259","catch_line":"Procedure in cases of adults","url":"\/16.1-259\/","token":"16.1\/11\/5\/16.1-259","metadata":false},{"id":57160,"structure_id":14663,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","url":"\/16.1-260\/","token":"16.1\/11\/5\/16.1-260","metadata":false},{"id":70890,"structure_id":14663,"section_number":"16.1-261","catch_line":"Statements made at intake or mental health screening and assessment","url":"\/16.1-261\/","token":"16.1\/11\/5\/16.1-261","metadata":false},{"id":62109,"structure_id":14663,"section_number":"16.1-262","catch_line":"Form and content of petition","url":"\/16.1-262\/","token":"16.1\/11\/5\/16.1-262","metadata":false},{"id":56254,"structure_id":14663,"section_number":"16.1-263","catch_line":"Summonses","url":"\/16.1-263\/","token":"16.1\/11\/5\/16.1-263","metadata":false},{"id":75806,"structure_id":14663,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","url":"\/16.1-264\/","token":"16.1\/11\/5\/16.1-264","metadata":false},{"id":76322,"structure_id":14663,"section_number":"16.1-265","catch_line":"Subpoena; attorney-issued subpoena","url":"\/16.1-265\/","token":"16.1\/11\/5\/16.1-265","metadata":false}],"previous_section":{"id":56254,"structure_id":14663,"section_number":"16.1-263","catch_line":"Summonses","url":"\/16.1-263\/","token":"16.1\/11\/5\/16.1-263","metadata":false},"next_section":{"id":76322,"structure_id":14663,"section_number":"16.1-265","catch_line":"Subpoena; attorney-issued subpoena","url":"\/16.1-265\/","token":"16.1\/11\/5\/16.1-265","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-264\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 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 1956, chapter 555; in 1977, chapter 559; in 1984, chapter 594; in 1987, chapter 632; in 1991, chapter 62; in 2004, chapter 588<\/a>; in 2011, chapter 482<\/a>.<\/p>","references":[{"id":62537,"section_number":"16.1-253","catch_line":"Preliminary protective order","order_by":null,"url":"\/16.1-253\/"},{"id":61705,"section_number":"16.1-253.1","catch_line":"Preliminary protective orders in cases of family abuse; confidentiality","order_by":null,"url":"\/16.1-253.1\/"},{"id":66829,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","order_by":null,"url":"\/16.1-269.1\/"},{"id":73490,"section_number":"16.1-277.01","catch_line":"Approval of entrustment agreement","order_by":null,"url":"\/16.1-277.01\/"},{"id":73075,"section_number":"16.1-277.02","catch_line":"(Effective January 1, 2026) Petition for relief of care and custody","order_by":null,"url":"\/16.1-277.02\/"},{"id":56180,"section_number":"16.1-350","catch_line":"Petition for court approval of standby guardian","order_by":null,"url":"\/16.1-350\/"},{"id":57556,"section_number":"19.2-152.9","catch_line":"Preliminary protective orders","order_by":null,"url":"\/19.2-152.9\/"},{"id":69788,"section_number":"63.2-1233","catch_line":"Consent to be executed in juvenile and domestic relations district court; exceptions","order_by":null,"url":"\/63.2-1233\/"},{"id":64804,"section_number":"63.2-1609","catch_line":"Emergency order for adult protective services","order_by":null,"url":"\/63.2-1609\/"},{"id":80988,"section_number":"9.1-155","catch_line":"Notice of hearings and proceedings","order_by":null,"url":"\/9.1-155\/"}],"refers_to":[{"id":60177,"section_number":"16.1-253.4","catch_line":"Emergency protective orders authorized in certain cases; penalty","order_by":null,"url":"\/16.1-253.4\/"},{"id":56254,"section_number":"16.1-263","catch_line":"Summonses","order_by":null,"url":"\/16.1-263\/"},{"id":67602,"section_number":"19.2-152.8","catch_line":"Emergency protective orders authorized","order_by":null,"url":"\/19.2-152.8\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"},{"id":66717,"section_number":"8.01-316","catch_line":"Service by publication; when available","order_by":null,"url":"\/8.01-316\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"}],"permalink":{"id":161643,"object_type":"law","relational_id":75806,"identifier":"16.1-264","token":"16.1\/11\/5\/16.1-264","url":"\/16.1-264\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-264\/","token":"16.1\/11\/5\/16.1-264","dublin_core":{"Title":"Service of summons; proof of service; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-264","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a party<\/span> designated in subsection A of § 16.1-263<\/a> to be served with a summons<\/span> can be found within the Commonwealth, the summons<\/span> shall be served upon him in person or by substituted service as prescribed in subdivision 2 of § 8.01-296<\/a>.\n\t\t\tIf a party<\/span> designated to be served in § 16.1-263<\/a> is without the Commonwealth but can be found or his address is known, or can with reasonable diligence be ascertained, service of summons<\/span> may be made either by delivering a copy thereof to him personally or by mailing a copy thereof to him by certified mail return receipt requested.\n\t\t\tIf after reasonable effort a party<\/span> other than the person who is the subject of the petition<\/span> cannot be found or his post-office address cannot be ascertained, whether he is within or without the Commonwealth, the court<\/span> may order<\/span> service of the summons<\/span> upon him by publication in accordance with the provisions of §§ 8.01-316<\/a> and 8.01-317<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A1.<\/span> Any person who is subject to an emergency protective order<\/span> issued pursuant to § 16.1-253.4<\/a> or 19.2-152.8<\/a> shall have been personally served with the protective order<\/span> if a law<\/span>-enforcement officer, as defined in § 9.1-101<\/a>, personally provides to such person a notification of the issuance of the order<\/span>, which shall be on a form approved by the Executive Secretary of the Supreme Court of Virginia, provided that all of the information and individual requirements of the order<\/span> are included on the form. The officer making service shall enter or cause to be entered the date and time of service and other appropriate information required by the Department<\/span> of State Police into the Virginia Criminal Information Network and make due return to the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Service of summons<\/span> may be made under the direction of the court<\/span> by sheriffs, their deputies and police officers in counties and cities or by any other suitable person designated by the court<\/span>. However, in any case in which custody<\/span> or visitation of a minor<\/span> child or children is at issue<\/span> and a summons<\/span> is issued for the attendance and testimony<\/span> of a teacher or other school personnel who is not a party<\/span> to the proceeding, if such summons<\/span> is served on school property, it shall be served only by a sheriff or his deputy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Proof of service<\/span> may be made by the affidavit<\/span> of the person other than an officer designated in subsection B hereof who delivers a copy of the summons<\/span> to the person summoned, but if served by a state, county or municipal officer his return shall be sufficient without oath<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The summons<\/span> shall be considered a mandate<\/span> of the court<\/span> and willful failure to obey its requirements shall subject any person guilty thereof to liability for punishment as for contempt<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSERVICE OF SUMMONS; PROOF OF SERVICE; PENALTY (\u00a7 16.1-264)\n\nA. If a party designated in subsection A of § 16.1-263 to be served with a\nsummons can be found within the Commonwealth, the summons shall be served upon\nhim in person or by substituted service as prescribed in subdivision 2 of §\n8.01-296.\n\t\t\tIf a party designated to be served in § 16.1-263 is without the\nCommonwealth but can be found or his address is known, or can with reasonable\ndiligence be ascertained, service of summons may be made either by delivering a\ncopy thereof to him personally or by mailing a copy thereof to him by certified\nmail return receipt requested.\n\t\t\tIf after reasonable effort a party other than the person who is the subject\nof the petition cannot be found or his post-office address cannot be\nascertained, whether he is within or without the Commonwealth, the court may\norder service of the summons upon him by publication in accordance with the\nprovisions of §§ 8.01-316 and 8.01-317.\n\nA1. Any person who is subject to an emergency protective order issued pursuant\nto § 16.1-253.4 or 19.2-152.8 shall have been personally served with the\nprotective order if a law-enforcement officer, as defined in § 9.1-101,\npersonally provides to such person a notification of the issuance of the order,\nwhich shall be on a form approved by the Executive Secretary of the Supreme\nCourt of Virginia, provided that all of the information and individual\nrequirements of the order are included on the form. The officer making service\nshall enter or cause to be entered the date and time of service and other\nappropriate information required by the Department of State Police into the\nVirginia Criminal Information Network and make due return to the court.\n\nB. Service of summons may be made under the direction of the court by sheriffs,\ntheir deputies and police officers in counties and cities or by any other\nsuitable person designated by the court. However, in any case in which custody\nor visitation of a minor child or children is at issue and a summons is issued\nfor the attendance and testimony of a teacher or other school personnel who is\nnot a party to the proceeding, if such summons is served on school property, it\nshall be served only by a sheriff or his deputy.\n\nC. Proof of service may be made by the affidavit of the person other than an\nofficer designated in subsection B hereof who delivers a copy of the summons to\nthe person summoned, but if served by a state, county or municipal officer his\nreturn shall be sufficient without oath.\n\nD. The summons shall be considered a mandate of the court and willful failure to\nobey its requirements shall subject any person guilty thereof to liability for\npunishment as for contempt.\n\nHISTORY: Code 1950, \u00a7\u00a7 16.1-167 to 16.1-170; 1956, c. 555; 1977, c. 559; 1984,\nc. 594; 1987, c. 632; 1991, c. 62; 2004, c. 588; 2011, c. 482.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}