{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-264.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-264.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-264.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-264.html"}],"law_id":86879,"edition_id":1,"section_id":86879,"structure_id":14535,"section_number":"8.01-264","catch_line":"Venue improperly laid; objection","history":"1977, c. 617; 1982, c. 601; 1985, cc. 433, 492; 1986, cc. 396, 403; 1987, c. 709; 1991, c. 692.","full_text":"A\n\nVenue laid in forums other than those designated by this chapter shall be subject to objection, but no action shall be dismissed solely on the basis of venue if there be a forum in the Commonwealth where venue is proper. In actions where venue is subject to objection, the action may nevertheless be tried where it is commenced, and the venue irregularity shall be deemed to have been waived unless the defendant objects to venue by motion filed, as to actions in circuit courts, within twenty-one days after service of process commencing the action, or within the period of any extension of time for filing responsive pleadings fixed by order of the court. As to actions in general district courts, a motion objecting to venue, which may be in the form of a letter or other written communication, shall be filed with or received by the court on or before the day of trial. Waiver by any defendant shall not constitute waiver for any other defendant entitled to object to venue. Such motion shall set forth where the defendant believes venue to be proper, may be in writing, and shall be promptly heard by the court upon reasonable notice by any party. The court shall hear the motion only on the basis of the action as commenced against the original defendant and not on the basis of subsequent joinder or intervention of any other party. If such motion is sustained, the court shall order the venue transferred to a proper forum under the appropriate provisions of §§ 8.01-195.4, 8.01-260, 8.01-261 and 8.01-262 and shall so notify each party.B\n\nIn the event a party defendant whose presence created venue is dismissed after the parties are at issue, then the remaining parties defendant may object to venue within ten days after such dismissal if the remaining defendants can demonstrate that the dismissed defendant was not properly joined or was added as a party defendant for the purpose of creating venue. However, nothing in this section shall impair the right of the court under § 8.01-265 to retain the action for trial on motion of a plaintiff and for good cause shown.C\n\nThe initial pleading, in any action brought in a general district court, shall inform the defendant of his right to object to venue if the action is brought in any forum other than that specified in §§ 8.01-261, 8.01-262, or § 8.01-263. The information to the defendant shall be stated in clear, nontechnical language reasonably calculated to accomplish the purpose of this subsection.D\n\nWhere a suit described in subdivision 19 of § 8.01-261 is filed in a venue that is not described therein, the court, on its own motion and upon notice to all parties, may transfer the suit to a venue described in such subdivision provided the transfer is implemented within sixty days after service of process upon all parties.","order_by":null,"text":{"0":{"id":311062,"text":"Venue laid in forums other than those designated by this chapter shall be subject to objection, but no action shall be dismissed solely on the basis of venue if there be a forum in the Commonwealth where venue is proper. In actions where venue is subject to objection, the action may nevertheless be tried where it is commenced, and the venue irregularity shall be deemed to have been waived unless the defendant objects to venue by motion filed, as to actions in circuit courts, within twenty-one days after service of process commencing the action, or within the period of any extension of time for filing responsive pleadings fixed by order of the court. As to actions in general district courts, a motion objecting to venue, which may be in the form of a letter or other written communication, shall be filed with or received by the court on or before the day of trial. Waiver by any defendant shall not constitute waiver for any other defendant entitled to object to venue. Such motion shall set forth where the defendant believes venue to be proper, may be in writing, and shall be promptly heard by the court upon reasonable notice by any party. The court shall hear the motion only on the basis of the action as commenced against the original defendant and not on the basis of subsequent joinder or intervention of any other party. If such motion is sustained, the court shall order the venue transferred to a proper forum under the appropriate provisions of §§ 8.01-195.4, 8.01-260, 8.01-261 and 8.01-262 and shall so notify each party.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":311063,"text":"In the event a party defendant whose presence created venue is dismissed after the parties are at issue, then the remaining parties defendant may object to venue within ten days after such dismissal if the remaining defendants can demonstrate that the dismissed defendant was not properly joined or was added as a party defendant for the purpose of creating venue. However, nothing in this section shall impair the right of the court under § 8.01-265 to retain the action for trial on motion of a plaintiff and for good cause shown.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":311064,"text":"The initial pleading, in any action brought in a general district court, shall inform the defendant of his right to object to venue if the action is brought in any forum other than that specified in §§ 8.01-261, 8.01-262, or § 8.01-263. The information to the defendant shall be stated in clear, nontechnical language reasonably calculated to accomplish the purpose of this subsection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":311065,"text":"Where a suit described in subdivision 19 of § 8.01-261 is filed in a venue that is not described therein, the court, on its own motion and upon notice to all parties, may transfer the suit to a venue described in such subdivision provided the transfer is implemented within sixty days after service of process upon all parties.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14535,"edition_id":1,"name":"Venue","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:48:33","date_modified":"2026-06-26 03:48:33","permalink":{"id":281283,"object_type":"structure","relational_id":14535,"identifier":"5","token":"8.01\/5","url":"\/8.01\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77027,"structure_id":14535,"section_number":"8.01-257","catch_line":"Venue generally","url":"\/8.01-257\/","token":"8.01\/5\/8.01-257","metadata":false},{"id":84822,"structure_id":14535,"section_number":"8.01-258","catch_line":"Venue not jurisdictional","url":"\/8.01-258\/","token":"8.01\/5\/8.01-258","metadata":false},{"id":67040,"structure_id":14535,"section_number":"8.01-259","catch_line":"Application","url":"\/8.01-259\/","token":"8.01\/5\/8.01-259","metadata":false},{"id":63311,"structure_id":14535,"section_number":"8.01-260","catch_line":"Proper venue; preferred forum in certain actions; permissible forums for other actions","url":"\/8.01-260\/","token":"8.01\/5\/8.01-260","metadata":false},{"id":63400,"structure_id":14535,"section_number":"8.01-261","catch_line":"Category A or preferred venue","url":"\/8.01-261\/","token":"8.01\/5\/8.01-261","metadata":false},{"id":81233,"structure_id":14535,"section_number":"8.01-262","catch_line":"Category B or permissible venue","url":"\/8.01-262\/","token":"8.01\/5\/8.01-262","metadata":false},{"id":78305,"structure_id":14535,"section_number":"8.01-262.1","catch_line":"Place for bringing action under a contract related to construction","url":"\/8.01-262.1\/","token":"8.01\/5\/8.01-262.1","metadata":false},{"id":55983,"structure_id":14535,"section_number":"8.01-263","catch_line":"Multiple parties","url":"\/8.01-263\/","token":"8.01\/5\/8.01-263","metadata":false},{"id":86879,"structure_id":14535,"section_number":"8.01-264","catch_line":"Venue improperly laid; objection","url":"\/8.01-264\/","token":"8.01\/5\/8.01-264","metadata":false},{"id":76737,"structure_id":14535,"section_number":"8.01-265","catch_line":"Change of venue by court","url":"\/8.01-265\/","token":"8.01\/5\/8.01-265","metadata":false},{"id":72403,"structure_id":14535,"section_number":"8.01-266","catch_line":"Costs","url":"\/8.01-266\/","token":"8.01\/5\/8.01-266","metadata":false},{"id":60621,"structure_id":14535,"section_number":"8.01-267","catch_line":"Discretion of judge","url":"\/8.01-267\/","token":"8.01\/5\/8.01-267","metadata":false}],"previous_section":{"id":55983,"structure_id":14535,"section_number":"8.01-263","catch_line":"Multiple parties","url":"\/8.01-263\/","token":"8.01\/5\/8.01-263","metadata":false},"next_section":{"id":76737,"structure_id":14535,"section_number":"8.01-265","catch_line":"Change of venue by court","url":"\/8.01-265\/","token":"8.01\/5\/8.01-265","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-264\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 617 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 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1982, chapter 601; in 1985, chapters 433 and 492; in 1986, chapters 396 and 403; in 1987, chapter 709; in 1991, chapter 692.<\/p>","references":[{"id":63311,"section_number":"8.01-260","catch_line":"Proper venue; preferred forum in certain actions; permissible forums for other actions","order_by":null,"url":"\/8.01-260\/"},{"id":76737,"section_number":"8.01-265","catch_line":"Change of venue by court","order_by":null,"url":"\/8.01-265\/"},{"id":72403,"section_number":"8.01-266","catch_line":"Costs","order_by":null,"url":"\/8.01-266\/"},{"id":73896,"section_number":"8.01-277.1","catch_line":"Objections to personal jurisdiction or defective process; what constitutes waiver","order_by":null,"url":"\/8.01-277.1\/"}],"refers_to":[{"id":65418,"section_number":"8.01-195.4","catch_line":"Jurisdiction of claims under this article; right to jury trial; service on Commonwealth or locality; amending amount of claim","order_by":null,"url":"\/8.01-195.4\/"},{"id":63311,"section_number":"8.01-260","catch_line":"Proper venue; preferred forum in certain actions; permissible forums for other actions","order_by":null,"url":"\/8.01-260\/"},{"id":63400,"section_number":"8.01-261","catch_line":"Category A or preferred venue","order_by":null,"url":"\/8.01-261\/"},{"id":81233,"section_number":"8.01-262","catch_line":"Category B or permissible venue","order_by":null,"url":"\/8.01-262\/"},{"id":55983,"section_number":"8.01-263","catch_line":"Multiple parties","order_by":null,"url":"\/8.01-263\/"},{"id":76737,"section_number":"8.01-265","catch_line":"Change of venue by court","order_by":null,"url":"\/8.01-265\/"}],"permalink":{"id":281317,"object_type":"law","relational_id":86879,"identifier":"8.01-264","token":"8.01\/5\/8.01-264","url":"\/8.01-264\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-264\/","token":"8.01\/5\/8.01-264","dublin_core":{"Title":"Venue improperly laid; objection","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-264","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Venue<\/span> laid in forums other than those designated by this chapter shall be subject to objection, but no action<\/span> shall be dismissed solely on the basis of venue<\/span> if there be a forum in the Commonwealth where venue<\/span> is proper. In actions<\/span> where venue<\/span> is subject to objection, the action<\/span> may nevertheless be tried where it is commenced, and the venue<\/span> irregularity shall be deemed to have been waived unless the defendant<\/span> objects<\/span> to venue<\/span> by motion<\/span> filed, as to actions<\/span> in circuit<\/span> courts<\/span>, within twenty-one days after service of process<\/span> commencing the action<\/span>, or within the period of any extension of time for filing responsive pleadings<\/span> fixed by order<\/span> of the court<\/span>. As to actions<\/span> in general district courts<\/span>, a motion<\/span> objecting to venue<\/span>, which may be in the form of a letter or other written communication, shall be filed with or received by the court<\/span> on or before the day of trial<\/span>. Waiver<\/span> by any defendant<\/span> shall not constitute waiver<\/span> for any other defendant<\/span> entitled to object<\/span> to venue<\/span>. Such motion<\/span> shall set forth where the defendant<\/span> believes venue<\/span> to be proper, may be in writing, and shall be promptly heard by the court<\/span> upon reasonable notice by any party<\/span>. The court<\/span> shall hear the motion<\/span> only on the basis of the action<\/span> as commenced against the original defendant<\/span> and not on the basis of subsequent joinder or intervention of any other party<\/span>. If such motion<\/span> is sustained, the court<\/span> shall order<\/span> the venue<\/span> transferred to a proper forum under the appropriate provisions of §§ 8.01-195.4<\/a>, 8.01-260<\/a>, 8.01-261<\/a> and 8.01-262<\/a> and shall so notify each party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In the event a party<\/span> defendant<\/span> whose presence created venue<\/span> is dismissed after the parties are at issue<\/span>, then the remaining parties defendant<\/span> may object<\/span> to venue<\/span> within ten days after such dismissal<\/span> if the remaining defendants<\/span> can demonstrate that the dismissed defendant<\/span> was not properly joined or was added as a party<\/span> defendant<\/span> for the purpose of creating venue<\/span>. However, nothing in this section shall impair the right of the court<\/span> under § 8.01-265<\/a> to retain the action<\/span> for trial<\/span> on motion<\/span> of a plaintiff<\/span> and for good cause shown. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The initial pleading, in any action<\/span> brought in a general district court<\/span>, shall inform the defendant<\/span> of his right to object<\/span> to venue<\/span> if the action<\/span> is brought in any forum other than that specified in §§ 8.01-261<\/a>, 8.01-262<\/a>, or § 8.01-263<\/a>. The information to the defendant<\/span> shall be stated in clear, nontechnical language reasonably calculated to accomplish the purpose of this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Where a suit<\/span> described in subdivision 19 of § 8.01-261<\/a> is filed in a venue<\/span> that is not described therein, the court<\/span>, on its own motion<\/span> and upon notice to all parties, may transfer the suit<\/span> to a venue<\/span> described in such subdivision provided the transfer is implemented within sixty days after service of process<\/span> upon all parties. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVENUE IMPROPERLY LAID; OBJECTION (\u00a7 8.01-264)\n\nA. Venue laid in forums other than those designated by this chapter shall be\nsubject to objection, but no action shall be dismissed solely on the basis of\nvenue if there be a forum in the Commonwealth where venue is proper. In actions\nwhere venue is subject to objection, the action may nevertheless be tried where\nit is commenced, and the venue irregularity shall be deemed to have been waived\nunless the defendant objects to venue by motion filed, as to actions in circuit\ncourts, within twenty-one days after service of process commencing the action,\nor within the period of any extension of time for filing responsive pleadings\nfixed by order of the court. As to actions in general district courts, a motion\nobjecting to venue, which may be in the form of a letter or other written\ncommunication, shall be filed with or received by the court on or before the day\nof trial. Waiver by any defendant shall not constitute waiver for any other\ndefendant entitled to object to venue. Such motion shall set forth where the\ndefendant believes venue to be proper, may be in writing, and shall be promptly\nheard by the court upon reasonable notice by any party. The court shall hear the\nmotion only on the basis of the action as commenced against the original\ndefendant and not on the basis of subsequent joinder or intervention of any\nother party. If such motion is sustained, the court shall order the venue\ntransferred to a proper forum under the appropriate provisions of §§\n8.01-195.4, 8.01-260, 8.01-261 and 8.01-262 and shall so notify each party.\n\nB. In the event a party defendant whose presence created venue is dismissed\nafter the parties are at issue, then the remaining parties defendant may object\nto venue within ten days after such dismissal if the remaining defendants can\ndemonstrate that the dismissed defendant was not properly joined or was added as\na party defendant for the purpose of creating venue. However, nothing in this\nsection shall impair the right of the court under § 8.01-265 to retain the\naction for trial on motion of a plaintiff and for good cause shown.\n\nC. The initial pleading, in any action brought in a general district court,\nshall inform the defendant of his right to object to venue if the action is\nbrought in any forum other than that specified in §§ 8.01-261,\n8.01-262, or § 8.01-263. The information to the defendant shall be stated\nin clear, nontechnical language reasonably calculated to accomplish the purpose\nof this subsection.\n\nD. Where a suit described in subdivision 19 of § 8.01-261 is filed in a\nvenue that is not described therein, the court, on its own motion and upon\nnotice to all parties, may transfer the suit to a venue described in such\nsubdivision provided the transfer is implemented within sixty days after service\nof process upon all parties.\n\nHISTORY: 1977, c. 617; 1982, c. 601; 1985, cc. 433, 492; 1986, cc. 396, 403;\n1987, c. 709; 1991, c. 692.","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}}