{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-286.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-286.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-286.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-286.1.html"}],"law_id":82871,"edition_id":1,"section_id":82871,"structure_id":16029,"section_number":"8.01-286.1","catch_line":"Service of process; waiver, duty to save costs, request to waive, how served","history":"2005, c. 866; 2011, c. 766.","full_text":"A\n\nIn an action pending in general district court or circuit court, the plaintiff may notify a defendant of the commencement of the action and request that the defendant waive service of process as provided in subsection B. Any person subject to service as set forth in § 8.01-296, 8.01-299, §§ 8.01-301 through 8.01-306 or § 8.01-320, with the exception of the Secretary of the Commonwealth and the Clerk of the State Corporation Commission, who receives actual notice of an action in the manner provided in this section, has a duty to avoid any unnecessary costs of serving process.B\n\nThe notice and request shall incorporate the request for waiver and shall:1\n\nBe in writing and shall be addressed directly to the defendant, if an individual, or else to an officer, director or registered agent authorized by appointment or law to receive service of process of a defendant subject to service under § 8.01-299, §§ 8.01-301 through 8.01-306 or § 8.01-320;2\n\nBe dispatched through first-class mail or other reliable means;3\n\nBe accompanied by a copy of the motion for judgment, bill of complaint or other such initial pleading and identify the court in which it has been filed;4\n\nInform the defendant, by means of a form provided by Executive Secretary of the Supreme Court, of the consequences of compliance and failure to comply with the request;5\n\nSet forth the date on which the request is sent;6\n\nAllow the defendant a reasonable time to return the waiver, which shall be no more than 30 days from the date on which the request is sent, or 60 days from that date if the defendant’s address is outside the Commonwealth; and7\n\nProvide the defendant with an extra copy of the notice and request, as well as a prepaid means of compliance in writing.\n\t\t\t\tIf a defendant fails to comply with a request for waiver made by a plaintiff, the court shall impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure is shown.C\n\nA defendant that, before being served with process, timely returns a waiver so requested is not required to serve a grounds of defense or other responsive pleading to the motion for judgment or other initial pleading until 60 days after the date on which the request for waiver of service was sent, or 90 days after that date if the defendant’s address was outside the Commonwealth.D\n\nWhen the plaintiff files a waiver of service with the court, the action shall proceed as if a notice and motion for judgment or other initial pleading had been served at the time of filing the waiver, and no proof of service shall be required.E\n\nThe costs to be imposed on a defendant for failure to comply with a request to waive service of a summons shall include the costs subsequently incurred in effecting service under § 8.01-299, §§ 8.01-301 through 8.01-306 or § 8.01-320, together with the costs, including reasonable attorneys’ fees, of any motion required to collect the costs of service. This provision does not apply to the Commissioner of the Department of Motor Vehicles, the Secretary of the Commonwealth or the Clerk of the State Corporation Commission.F\n\nA defendant who waives service of process pursuant to this section does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of that defendant, or to any other defense or objection other than objections based on inadequacy of process or service of process.","order_by":null,"text":{"0":{"id":297040,"text":"In an action pending in general district court or circuit court, the plaintiff may notify a defendant of the commencement of the action and request that the defendant waive service of process as provided in subsection B. Any person subject to service as set forth in § 8.01-296, 8.01-299, §§ 8.01-301 through 8.01-306 or § 8.01-320, with the exception of the Secretary of the Commonwealth and the Clerk of the State Corporation Commission, who receives actual notice of an action in the manner provided in this section, has a duty to avoid any unnecessary costs of serving process.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":297041,"text":"The notice and request shall incorporate the request for waiver and shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":297042,"text":"Be in writing and shall be addressed directly to the defendant, if an individual, or else to an officer, director or registered agent authorized by appointment or law to receive service of process of a defendant subject to service under § 8.01-299, §§ 8.01-301 through 8.01-306 or § 8.01-320;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":297043,"text":"Be dispatched through first-class mail or other reliable means;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":297044,"text":"Be accompanied by a copy of the motion for judgment, bill of complaint or other such initial pleading and identify the court in which it has been filed;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":297045,"text":"Inform the defendant, by means of a form provided by Executive Secretary of the Supreme Court, of the consequences of compliance and failure to comply with the request;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":297046,"text":"Set forth the date on which the request is sent;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":297047,"text":"Allow the defendant a reasonable time to return the waiver, which shall be no more than 30 days from the date on which the request is sent, or 60 days from that date if the defendant’s address is outside the Commonwealth; and","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":297048,"text":"Provide the defendant with an extra copy of the notice and request, as well as a prepaid means of compliance in writing.\n\t\t\t\tIf a defendant fails to comply with a request for waiver made by a plaintiff, the court shall impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure is shown.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"C"},"9":{"id":297049,"text":"A defendant that, before being served with process, timely returns a waiver so requested is not required to serve a grounds of defense or other responsive pleading to the motion for judgment or other initial pleading until 60 days after the date on which the request for waiver of service was sent, or 90 days after that date if the defendant’s address was outside the Commonwealth.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B7","next_prefix":"D"},"10":{"id":297050,"text":"When the plaintiff files a waiver of service with the court, the action shall proceed as if a notice and motion for judgment or other initial pleading had been served at the time of filing the waiver, and no proof of service shall be required.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"11":{"id":297051,"text":"The costs to be imposed on a defendant for failure to comply with a request to waive service of a summons shall include the costs subsequently incurred in effecting service under § 8.01-299, §§ 8.01-301 through 8.01-306 or § 8.01-320, together with the costs, including reasonable attorneys’ fees, of any motion required to collect the costs of service. This provision does not apply to the Commissioner of the Department of Motor Vehicles, the Secretary of the Commonwealth or the Clerk of the State Corporation Commission.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"12":{"id":297052,"text":"A defendant who waives service of process pursuant to this section does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of that defendant, or to any other defense or objection other than objections based on inadequacy of process or service of process.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":16029,"edition_id":1,"name":"In General","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13353,"metadata":{},"date_created":"2026-06-26 04:04:16","date_modified":"2026-06-26 04:04:16","permalink":{"id":281475,"object_type":"structure","relational_id":16029,"identifier":"1","token":"8.01\/8\/1","url":"\/8.01\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13353,"edition_id":1,"name":"Process","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":281473,"object_type":"structure","relational_id":13353,"identifier":"8","token":"8.01\/8","url":"\/8.01\/8\/","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":65534,"structure_id":16029,"section_number":"8.01-285","catch_line":"Definition of certain terms used in this chapter; process, return, statutory agent","url":"\/8.01-285\/","token":"8.01\/8\/1\/8.01-285","metadata":false},{"id":85648,"structure_id":16029,"section_number":"8.01-286","catch_line":"Forms of writs","url":"\/8.01-286\/","token":"8.01\/8\/1\/8.01-286","metadata":false},{"id":82871,"structure_id":16029,"section_number":"8.01-286.1","catch_line":"Service of process; waiver, duty to save costs, request to waive, how served","url":"\/8.01-286.1\/","token":"8.01\/8\/1\/8.01-286.1","metadata":false},{"id":63470,"structure_id":16029,"section_number":"8.01-287","catch_line":"How process to be served","url":"\/8.01-287\/","token":"8.01\/8\/1\/8.01-287","metadata":false},{"id":80740,"structure_id":16029,"section_number":"8.01-288","catch_line":"Process received in time good though neither served nor accepted","url":"\/8.01-288\/","token":"8.01\/8\/1\/8.01-288","metadata":false},{"id":62808,"structure_id":16029,"section_number":"8.01-289","catch_line":"No service of process on Sunday; exceptions","url":"\/8.01-289\/","token":"8.01\/8\/1\/8.01-289","metadata":false}],"previous_section":{"id":85648,"structure_id":16029,"section_number":"8.01-286","catch_line":"Forms of writs","url":"\/8.01-286\/","token":"8.01\/8\/1\/8.01-286","metadata":false},"next_section":{"id":63470,"structure_id":16029,"section_number":"8.01-287","catch_line":"How process to be served","url":"\/8.01-287\/","token":"8.01\/8\/1\/8.01-287","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-286.1\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 866<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2011, chapter 766<\/a>.<\/p>","references":[{"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":62456,"section_number":"16.1-279.1","catch_line":"Protective order in cases of family abuse","order_by":null,"url":"\/16.1-279.1\/"},{"id":83461,"section_number":"19.2-152.10","catch_line":"Protective order","order_by":null,"url":"\/19.2-152.10\/"},{"id":57556,"section_number":"19.2-152.9","catch_line":"Preliminary protective orders","order_by":null,"url":"\/19.2-152.9\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"},{"id":76632,"section_number":"8.01-299","catch_line":"How process served on domestic stock corporations, nonstock corporations, and limited liability companies generally","order_by":null,"url":"\/8.01-299\/"},{"id":80689,"section_number":"8.01-301","catch_line":"How process served on foreign stock or nonstock corporations and foreign limited liability companies generally","order_by":null,"url":"\/8.01-301\/"},{"id":60079,"section_number":"8.01-303","catch_line":"On whom process served when corporation operated by trustee or receiver","order_by":null,"url":"\/8.01-303\/"},{"id":74972,"section_number":"8.01-304","catch_line":"How process served on copartner or partnership, domestic or foreign limited liability partnership, and domestic or foreign limited partnership","order_by":null,"url":"\/8.01-304\/"},{"id":86653,"section_number":"8.01-305","catch_line":"Process against unincorporated associations or orders, or unincorporated common carriers","order_by":null,"url":"\/8.01-305\/"},{"id":54446,"section_number":"8.01-306","catch_line":"Process against unincorporated associations or orders, or unincorporated common carriers; principal office outside Virginia and business transactions in Virginia","order_by":null,"url":"\/8.01-306\/"},{"id":76043,"section_number":"8.01-320","catch_line":"Personal service outside of Virginia","order_by":null,"url":"\/8.01-320\/"}],"refers_to":[{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"},{"id":76632,"section_number":"8.01-299","catch_line":"How process served on domestic stock corporations, nonstock corporations, and limited liability companies generally","order_by":null,"url":"\/8.01-299\/"},{"id":80689,"section_number":"8.01-301","catch_line":"How process served on foreign stock or nonstock corporations and foreign limited liability companies generally","order_by":null,"url":"\/8.01-301\/"},{"id":54446,"section_number":"8.01-306","catch_line":"Process against unincorporated associations or orders, or unincorporated common carriers; principal office outside Virginia and business transactions in Virginia","order_by":null,"url":"\/8.01-306\/"},{"id":76043,"section_number":"8.01-320","catch_line":"Personal service outside of Virginia","order_by":null,"url":"\/8.01-320\/"}],"permalink":{"id":281485,"object_type":"law","relational_id":82871,"identifier":"8.01-286.1","token":"8.01\/8\/1\/8.01-286.1","url":"\/8.01-286.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-286.1\/","token":"8.01\/8\/1\/8.01-286.1","dublin_core":{"Title":"Service of process; waiver, duty to save costs, request to waive, how served","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-286.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In an action<\/span> pending in general district court<\/span> or circuit<\/span> court<\/span>, the plaintiff<\/span> may notify a defendant<\/span> of the commencement of the action<\/span> and request that the defendant<\/span> waive<\/span> service of process<\/span> as provided in subsection B. Any person<\/span> subject to service as set forth in § 8.01-296<\/a>, 8.01-299<\/a>, §§ 8.01-301<\/a> through 8.01-306<\/a> or § 8.01-320<\/a>, with the exception of the Secretary of the Commonwealth and the Clerk of the State Corporation Commission, who receives actual notice of an action<\/span> in the manner provided in this section, has a duty to avoid any unnecessary costs of serving process. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The notice and request shall incorporate the request for waiver<\/span> and shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Be in writing and shall be addressed directly to the defendant<\/span>, if an individual, or else to an officer, director or registered agent authorized by appointment or law<\/span> to receive service of process<\/span> of a defendant<\/span> subject to service under § 8.01-299<\/a>, §§ 8.01-301<\/a> through 8.01-306<\/a> or § 8.01-320<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Be dispatched through first-class mail or other reliable means; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Be accompanied by a copy of the motion for judgment<\/span>, bill of complaint<\/span> or other such initial pleading and identify the court<\/span> in which it has been filed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Inform the defendant<\/span>, by means of a form provided by Executive Secretary of the Supreme Court<\/span>, of the consequences of compliance and failure to comply with the request; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Set forth the date on which the request is sent; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Allow the defendant<\/span> a reasonable time to return the waiver<\/span>, which shall be no more than 30 days from the date on which the request is sent, or 60 days from that date if the defendant<\/span>’s address is outside the Commonwealth; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Provide the defendant<\/span> with an extra copy of the notice and request, as well as a prepaid means of compliance in writing.\n\t\t\t\tIf a defendant<\/span> fails to comply with a request for waiver<\/span> made by a plaintiff<\/span>, the court<\/span> shall impose the costs subsequently incurred in effecting service on the defendant<\/span> unless good cause for the failure is shown. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A defendant<\/span> that, before being served with process, timely returns a waiver<\/span> so requested is not required to serve a grounds of defense or other responsive pleading to the motion for judgment<\/span> or other initial pleading until 60 days after the date on which the request for waiver<\/span> of service was sent, or 90 days after that date if the defendant<\/span>’s address was outside the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When the plaintiff<\/span> files a waiver<\/span> of service with the court<\/span>, the action<\/span> shall proceed as if a notice and motion for judgment<\/span> or other initial pleading had been served at the time of filing the waiver<\/span>, and no proof of service<\/span> shall be required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The costs to be imposed on a defendant<\/span> for failure to comply with a request to waive<\/span> service of a summons<\/span> shall include the costs subsequently incurred in effecting service under § 8.01-299<\/a>, §§ 8.01-301<\/a> through 8.01-306<\/a> or § 8.01-320<\/a>, together with the costs, including reasonable attorneys’ fees, of any motion required to collect the costs of service. This provision does not apply to the Commissioner of the Department of Motor Vehicles, the Secretary of the Commonwealth or the Clerk of the State Corporation Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A defendant<\/span> who waives<\/span> service of process<\/span> pursuant to this section does not thereby waive<\/span> any objection to the venue<\/span> or to the jurisdiction<\/span> of the court<\/span> over the person<\/span> of that defendant<\/span>, or to any other defense or objection other than objections based on inadequacy of process or service of process<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSERVICE OF PROCESS; WAIVER, DUTY TO SAVE COSTS, REQUEST TO WAIVE, HOW SERVED (\u00a7\n8.01-286.1)\n\nA. In an action pending in general district court or circuit court, the\nplaintiff may notify a defendant of the commencement of the action and request\nthat the defendant waive service of process as provided in subsection B. Any\nperson subject to service as set forth in § 8.01-296, 8.01-299,\n§§ 8.01-301 through 8.01-306 or § 8.01-320, with the exception of\nthe Secretary of the Commonwealth and the Clerk of the State Corporation\nCommission, who receives actual notice of an action in the manner provided in\nthis section, has a duty to avoid any unnecessary costs of serving process.\n\nB. The notice and request shall incorporate the request for waiver and shall:\n\n 1. Be in writing and shall be addressed directly to the defendant, if an\n individual, or else to an officer, director or registered agent authorized by\n appointment or law to receive service of process of a defendant subject to\n service under § 8.01-299, §§ 8.01-301 through 8.01-306 or\n § 8.01-320;\n\n 2. Be dispatched through first-class mail or other reliable means;\n\n 3. Be accompanied by a copy of the motion for judgment, bill of complaint or\n other such initial pleading and identify the court in which it has been filed;\n\n 4. Inform the defendant, by means of a form provided by Executive Secretary of\n the Supreme Court, of the consequences of compliance and failure to comply\n with the request;\n\n 5. Set forth the date on which the request is sent;\n\n 6. Allow the defendant a reasonable time to return the waiver, which shall be\n no more than 30 days from the date on which the request is sent, or 60 days\n from that date if the defendant’s address is outside the Commonwealth;\n and\n\n 7. Provide the defendant with an extra copy of the notice and request, as well\n as a prepaid means of compliance in writing.\n \t\t\t\tIf a defendant fails to comply with a request for waiver made by a\n plaintiff, the court shall impose the costs subsequently incurred in effecting\n service on the defendant unless good cause for the failure is shown.\n\nC. A defendant that, before being served with process, timely returns a waiver\nso requested is not required to serve a grounds of defense or other responsive\npleading to the motion for judgment or other initial pleading until 60 days\nafter the date on which the request for waiver of service was sent, or 90 days\nafter that date if the defendant’s address was outside the Commonwealth.\n\nD. When the plaintiff files a waiver of service with the court, the action shall\nproceed as if a notice and motion for judgment or other initial pleading had\nbeen served at the time of filing the waiver, and no proof of service shall be\nrequired.\n\nE. The costs to be imposed on a defendant for failure to comply with a request\nto waive service of a summons shall include the costs subsequently incurred in\neffecting service under § 8.01-299, §§ 8.01-301 through 8.01-306\nor § 8.01-320, together with the costs, including reasonable\nattorneys’ fees, of any motion required to collect the costs of service.\nThis provision does not apply to the Commissioner of the Department of Motor\nVehicles, the Secretary of the Commonwealth or the Clerk of the State\nCorporation Commission.\n\nF. A defendant who waives service of process pursuant to this section does not\nthereby waive any objection to the venue or to the jurisdiction of the court\nover the person of that defendant, or to any other defense or objection other\nthan objections based on inadequacy of process or service of process.\n\nHISTORY: 2005, c. 866; 2011, c. 766.","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}}