{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-277.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-277.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-277.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-277.html"}],"law_id":55206,"edition_id":1,"section_id":55206,"structure_id":14084,"section_number":"8.01-277","catch_line":"Defective process; motion to quash; untimely service; motion to dismiss","history":"Code 1950, \u00a7 8-118; 1954, c. 333; 1977, c. 617; 1994, c. 37; 2006, c. 151.","full_text":"A\n\nA person, upon whom process to answer any action has been served, may take advantage of any defect in the issuance, service or return thereof by a motion to quash filed prior to or simultaneously with the filing of any pleading to the merits. Upon sustaining the motion, the court may strike the proof of service or permit amendment of the process or its return as may seem just.B\n\nA person, upon whom process has not been served within one year of commencement of the action against him, may make a special appearance, which does not constitute a general appearance, to file a motion to dismiss. Upon finding that the plaintiff did not exercise due diligence to have timely service and sustaining the motion to dismiss, the court shall dismiss the action with prejudice. Upon finding that the plaintiff did exercise due diligence to have timely service and denying the motion to dismiss, the court shall require the person filing such motion to file a responsive pleading within 21 days of such ruling. Nothing herein shall prevent the plaintiff from filing a nonsuit under § 8.01-380 before the entry of an order granting a motion to dismiss pursuant to the provisions of this section. Nothing in this subsection shall pertain to cases involving asbestos.","order_by":null,"text":{"0":{"id":202408,"text":"A person, upon whom process to answer any action has been served, may take advantage of any defect in the issuance, service or return thereof by a motion to quash filed prior to or simultaneously with the filing of any pleading to the merits. Upon sustaining the motion, the court may strike the proof of service or permit amendment of the process or its return as may seem just.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":202409,"text":"A person, upon whom process has not been served within one year of commencement of the action against him, may make a special appearance, which does not constitute a general appearance, to file a motion to dismiss. Upon finding that the plaintiff did not exercise due diligence to have timely service and sustaining the motion to dismiss, the court shall dismiss the action with prejudice. Upon finding that the plaintiff did exercise due diligence to have timely service and denying the motion to dismiss, the court shall require the person filing such motion to file a responsive pleading within 21 days of such ruling. Nothing herein shall prevent the plaintiff from filing a nonsuit under § 8.01-380 before the entry of an order granting a motion to dismiss pursuant to the provisions of this section. Nothing in this subsection shall pertain to cases involving asbestos.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14084,"edition_id":1,"name":"Pleadings Generally","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13379,"metadata":{},"date_created":"2026-06-26 03:46:49","date_modified":"2026-06-26 03:46:49","permalink":{"id":281389,"object_type":"structure","relational_id":14084,"identifier":"2","token":"8.01\/7\/2","url":"\/8.01\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13379,"edition_id":1,"name":"Civil Actions; Commencement, Pleadings, and Motions","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:44:45","date_modified":"2026-06-26 03:44:45","permalink":{"id":281381,"object_type":"structure","relational_id":13379,"identifier":"7","token":"8.01\/7","url":"\/8.01\/7\/","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":74024,"structure_id":14084,"section_number":"8.01-271","catch_line":"Compliance with Rules of Supreme Court","url":"\/8.01-271\/","token":"8.01\/7\/2\/8.01-271","metadata":false},{"id":62884,"structure_id":14084,"section_number":"8.01-271.01","catch_line":"Electronic filings in civil actions in circuit court","url":"\/8.01-271.01\/","token":"8.01\/7\/2\/8.01-271.01","metadata":false},{"id":85673,"structure_id":14084,"section_number":"8.01-271.1","catch_line":"Signing of pleadings, motions, and other papers; oral motions; sanctions","url":"\/8.01-271.1\/","token":"8.01\/7\/2\/8.01-271.1","metadata":false},{"id":65320,"structure_id":14084,"section_number":"8.01-272","catch_line":"Pleading several matters; joining tort and contract claims; separate trial in discretion of court; counterclaims","url":"\/8.01-272\/","token":"8.01\/7\/2\/8.01-272","metadata":false},{"id":75731,"structure_id":14084,"section_number":"8.01-273","catch_line":"Demurrer; form; grounds to be stated; amendment","url":"\/8.01-273\/","token":"8.01\/7\/2\/8.01-273","metadata":false},{"id":83214,"structure_id":14084,"section_number":"8.01-273.1","catch_line":"Motion for judgment; motion to refer; Virginia Birth-Related Neurological Injury Compensation Act","url":"\/8.01-273.1\/","token":"8.01\/7\/2\/8.01-273.1","metadata":false},{"id":70583,"structure_id":14084,"section_number":"8.01-274","catch_line":"Motion to strike defensive pleading in equity and at law; exceptions abolished","url":"\/8.01-274\/","token":"8.01\/7\/2\/8.01-274","metadata":false},{"id":58728,"structure_id":14084,"section_number":"8.01-274.1","catch_line":"Motion or petition for rule to show cause for violation of court order","url":"\/8.01-274.1\/","token":"8.01\/7\/2\/8.01-274.1","metadata":false},{"id":63756,"structure_id":14084,"section_number":"8.01-275","catch_line":"When action or suit not to abate for want of form; what defects not to be regarded","url":"\/8.01-275\/","token":"8.01\/7\/2\/8.01-275","metadata":false},{"id":73252,"structure_id":14084,"section_number":"8.01-275.1","catch_line":"When service of process is timely","url":"\/8.01-275.1\/","token":"8.01\/7\/2\/8.01-275.1","metadata":false},{"id":82322,"structure_id":14084,"section_number":"8.01-276","catch_line":"Demurrer to evidence and plea in abatement abolished; motion to strike evidence and written motion, respectively, to be used in lieu thereof","url":"\/8.01-276\/","token":"8.01\/7\/2\/8.01-276","metadata":false},{"id":55206,"structure_id":14084,"section_number":"8.01-277","catch_line":"Defective process; motion to quash; untimely service; motion to dismiss","url":"\/8.01-277\/","token":"8.01\/7\/2\/8.01-277","metadata":false},{"id":73896,"structure_id":14084,"section_number":"8.01-277.1","catch_line":"Objections to personal jurisdiction or defective process; what constitutes waiver","url":"\/8.01-277.1\/","token":"8.01\/7\/2\/8.01-277.1","metadata":false},{"id":81024,"structure_id":14084,"section_number":"8.01-278","catch_line":"When plea of infancy not allowed; liability of infants for debts as traders; liability of infants on loans to defray expenses of education","url":"\/8.01-278\/","token":"8.01\/7\/2\/8.01-278","metadata":false},{"id":72991,"structure_id":14084,"section_number":"8.01-279","catch_line":"When proof is unnecessary unless affidavit filed; handwriting; ownership; partnership or incorporation","url":"\/8.01-279\/","token":"8.01\/7\/2\/8.01-279","metadata":false},{"id":73198,"structure_id":14084,"section_number":"8.01-280","catch_line":"Pleadings may be sworn to before clerk; affidavit of belief sufficient","url":"\/8.01-280\/","token":"8.01\/7\/2\/8.01-280","metadata":false},{"id":55936,"structure_id":14084,"section_number":"8.01-281","catch_line":"Pleading in alternative; separate trial on motion of party","url":"\/8.01-281\/","token":"8.01\/7\/2\/8.01-281","metadata":false}],"previous_section":{"id":82322,"structure_id":14084,"section_number":"8.01-276","catch_line":"Demurrer to evidence and plea in abatement abolished; motion to strike evidence and written motion, respectively, to be used in lieu thereof","url":"\/8.01-276\/","token":"8.01\/7\/2\/8.01-276","metadata":false},"next_section":{"id":73896,"structure_id":14084,"section_number":"8.01-277.1","catch_line":"Objections to personal jurisdiction or defective process; what constitutes waiver","url":"\/8.01-277.1\/","token":"8.01\/7\/2\/8.01-277.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-277\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1954, chapter 333; in 1977, chapter 617; in 1994, chapter 37<\/a>; in 2006, chapter 151<\/a>.<\/p>","references":[{"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":55779,"section_number":"8.01-380","catch_line":"Dismissal of action by nonsuit; fees and costs","order_by":null,"url":"\/8.01-380\/"}],"permalink":{"id":281435,"object_type":"law","relational_id":55206,"identifier":"8.01-277","token":"8.01\/7\/2\/8.01-277","url":"\/8.01-277\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-277\/","token":"8.01\/7\/2\/8.01-277","dublin_core":{"Title":"Defective process; motion to quash; untimely service; motion to dismiss","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-277","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person<\/span>, upon whom process to answer any action<\/span> has been served, may take advantage of any defect in the issuance, service or return thereof by a motion to quash<\/span> filed prior to or simultaneously with the filing of any pleading to the merits. Upon sustaining the motion, the court<\/span> may strike the proof of service<\/span> or permit amendment of the process or its return as may seem just. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A person<\/span>, upon whom process has not been served within one year of commencement of the action<\/span> against him, may make a special appearance<\/span>, which does not constitute a general appearance<\/span>, to file a motion to dismiss. Upon finding<\/span> that the plaintiff<\/span> did not exercise due diligence to have timely service and sustaining the motion to dismiss, the court<\/span> shall dismiss the action<\/span> with prejudice. Upon finding<\/span> that the plaintiff<\/span> did exercise due diligence to have timely service and denying the motion to dismiss, the court<\/span> shall require the person<\/span> filing such motion to file a responsive pleading within 21 days of such ruling. Nothing herein shall prevent the plaintiff<\/span> from filing a nonsuit<\/span> under § 8.01-380<\/a> before the entry of an order<\/span> granting a motion to dismiss pursuant to the provisions of this section. Nothing in this subsection shall pertain to cases involving asbestos. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFECTIVE PROCESS; MOTION TO QUASH; UNTIMELY SERVICE; MOTION TO DISMISS (\u00a7\n8.01-277)\n\nA. A person, upon whom process to answer any action has been served, may take\nadvantage of any defect in the issuance, service or return thereof by a motion\nto quash filed prior to or simultaneously with the filing of any pleading to the\nmerits. Upon sustaining the motion, the court may strike the proof of service or\npermit amendment of the process or its return as may seem just.\n\nB. A person, upon whom process has not been served within one year of\ncommencement of the action against him, may make a special appearance, which\ndoes not constitute a general appearance, to file a motion to dismiss. Upon\nfinding that the plaintiff did not exercise due diligence to have timely service\nand sustaining the motion to dismiss, the court shall dismiss the action with\nprejudice. Upon finding that the plaintiff did exercise due diligence to have\ntimely service and denying the motion to dismiss, the court shall require the\nperson filing such motion to file a responsive pleading within 21 days of such\nruling. Nothing herein shall prevent the plaintiff from filing a nonsuit under\n§ 8.01-380 before the entry of an order granting a motion to dismiss\npursuant to the provisions of this section. Nothing in this subsection shall\npertain to cases involving asbestos.\n\nHISTORY: Code 1950, \u00a7 8-118; 1954, c. 333; 1977, c. 617; 1994, c. 37; 2006, c.\n151.","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}}