{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-310.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-310.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-310.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-310.html"}],"law_id":84659,"edition_id":1,"section_id":84659,"structure_id":13354,"section_number":"8.01-310","catch_line":"How service made on Commissioner, Secretary, and Clerk; appointment binding","history":"Code 1950, \u00a7\u00a7 8-67.2, 8-67.4; 1952, c. 384; 1954, c. 333; 1970, c. 680; 1972, c. 408; 1976, c. 26; 1977, c. 617; 1987, c. 696; 1992, c. 459; 2000, c. 579; 2013, c. 113; 2024, c. 454.","full_text":"A\n\nService of process on the Clerk of the State Corporation Commission as a statutory agent authorized by law to receive service of process on behalf of any natural person, corporation, or other entity is governed by § 12.1-19.1. 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 Commonwealth as authorized under § 8.01-309 shall be made by the plaintiff or his agent or the sheriff leaving a copy of such process together with the fee for service of process on parties, in the amount prescribed in § 2.2-409, for each party to be thus served, in the hands, or in the office, of the Commissioner or the Secretary. Service on the statutory agent shall be deemed sufficient upon the person or entity served and shall be effective on the date when service is made on the Commissioner or the Secretary pursuant to this subsection or on the Clerk of the State Corporation Commission pursuant to subsection A of § 12.1-19.1, provided, however, that the time to respond to process sent by the Commissioner, Secretary, or Clerk as statutory agent is governed by subsection C of § 8.01-312. All fees collected by the Commissioner pursuant to the provisions of this section shall be paid into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department of Motor Vehicles.B\n\nAppointment of the Commissioner or Secretary as attorney or agent for the service of process on a nonresident under \u00a7 8.01-308 or 8.01-309 shall be irrevocable and binding upon the executor or other personal representative of such nonresident, and:1\n\nWhere a nonresident has died before the commencement of an action against him regarding an accident or collision under § 8.01-308 or 8.01-309, such appointment shall be irrevocable and binding upon the executor or other personal representative of such nonresident; or2\n\nWhere a nonresident dies after the commencement of an action against him regarding an accident or collision under § 8.01-308 or 8.01-309, the action shall continue and such appointment shall be irrevocable and binding upon his executor, administrator, or other personal representative with such additional notice of the pendency of the action as the court deems proper.C\n\nThe provisions of subsection B apply, mutatis mutandis, to actions in which a natural person served with process through the Clerk of the State Corporation Commission as his agent has died before or after the commencement of the action.","order_by":null,"text":{"0":{"id":303431,"text":"Service of process on the Clerk of the State Corporation Commission as a statutory agent authorized by law to receive service of process on behalf of any natural person, corporation, or other entity is governed by § 12.1-19.1. 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 Commonwealth as authorized under § 8.01-309 shall be made by the plaintiff or his agent or the sheriff leaving a copy of such process together with the fee for service of process on parties, in the amount prescribed in § 2.2-409, for each party to be thus served, in the hands, or in the office, of the Commissioner or the Secretary. Service on the statutory agent shall be deemed sufficient upon the person or entity served and shall be effective on the date when service is made on the Commissioner or the Secretary pursuant to this subsection or on the Clerk of the State Corporation Commission pursuant to subsection A of § 12.1-19.1, provided, however, that the time to respond to process sent by the Commissioner, Secretary, or Clerk as statutory agent is governed by subsection C of § 8.01-312. All fees collected by the Commissioner pursuant to the provisions of this section shall be paid into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department of Motor Vehicles.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":303432,"text":"Appointment of the Commissioner or Secretary as attorney or agent for the service of process on a nonresident under \u00a7 8.01-308 or 8.01-309 shall be irrevocable and binding upon the executor or other personal representative of such nonresident, and:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":303433,"text":"Where a nonresident has died before the commencement of an action against him regarding an accident or collision under § 8.01-308 or 8.01-309, such appointment shall be irrevocable and binding upon the executor or other personal representative of such nonresident; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":303434,"text":"Where a nonresident dies after the commencement of an action against him regarding an accident or collision under § 8.01-308 or 8.01-309, the action shall continue and such appointment shall be irrevocable and binding upon his executor, administrator, or other personal representative with such additional notice of the pendency of the action as the court deems proper.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":303435,"text":"The provisions of subsection B apply, mutatis mutandis, to actions in which a natural person served with process through the Clerk of the State Corporation Commission as his agent has died before or after the commencement of the action.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2"}},"ancestry":[{"id":13354,"edition_id":1,"name":"Who to Be Served","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13353,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":281529,"object_type":"structure","relational_id":13354,"identifier":"4","token":"8.01\/8\/4","url":"\/8.01\/8\/4\/","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":57169,"structure_id":13354,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","url":"\/8.01-296\/","token":"8.01\/8\/4\/8.01-296","metadata":false},{"id":84916,"structure_id":13354,"section_number":"8.01-297","catch_line":"Process on convict defendant","url":"\/8.01-297\/","token":"8.01\/8\/4\/8.01-297","metadata":false},{"id":74903,"structure_id":13354,"section_number":"8.01-298","catch_line":"How summons for witness or juror served","url":"\/8.01-298\/","token":"8.01\/8\/4\/8.01-298","metadata":false},{"id":76632,"structure_id":13354,"section_number":"8.01-299","catch_line":"How process served on domestic stock corporations, nonstock corporations, and limited liability companies generally","url":"\/8.01-299\/","token":"8.01\/8\/4\/8.01-299","metadata":false},{"id":62573,"structure_id":13354,"section_number":"8.01-300","catch_line":"How process served on municipal and county governments and on quasi-governmental entities","url":"\/8.01-300\/","token":"8.01\/8\/4\/8.01-300","metadata":false},{"id":80689,"structure_id":13354,"section_number":"8.01-301","catch_line":"How process served on foreign stock or nonstock corporations and foreign limited liability companies generally","url":"\/8.01-301\/","token":"8.01\/8\/4\/8.01-301","metadata":false},{"id":57428,"structure_id":13354,"section_number":"8.01-302","catch_line":"Repealed","url":"\/8.01-302\/","token":"8.01\/8\/4\/8.01-302","metadata":false},{"id":60079,"structure_id":13354,"section_number":"8.01-303","catch_line":"On whom process served when corporation operated by trustee or receiver","url":"\/8.01-303\/","token":"8.01\/8\/4\/8.01-303","metadata":false},{"id":74972,"structure_id":13354,"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","url":"\/8.01-304\/","token":"8.01\/8\/4\/8.01-304","metadata":false},{"id":57093,"structure_id":13354,"section_number":"8.01-304.1","catch_line":"How process served on a business trust","url":"\/8.01-304.1\/","token":"8.01\/8\/4\/8.01-304.1","metadata":false},{"id":86653,"structure_id":13354,"section_number":"8.01-305","catch_line":"Process against unincorporated associations or orders, or unincorporated common carriers","url":"\/8.01-305\/","token":"8.01\/8\/4\/8.01-305","metadata":false},{"id":54446,"structure_id":13354,"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","url":"\/8.01-306\/","token":"8.01\/8\/4\/8.01-306","metadata":false},{"id":71881,"structure_id":13354,"section_number":"8.01-307","catch_line":"Definition of terms \"motor vehicle\" and \"nonresident\" in motor vehicle and aircraft accident cases","url":"\/8.01-307\/","token":"8.01\/8\/4\/8.01-307","metadata":false},{"id":61678,"structure_id":13354,"section_number":"8.01-308","catch_line":"Service on Commissioner of the Department of Motor Vehicles as agent for nonresident motor vehicle operator","url":"\/8.01-308\/","token":"8.01\/8\/4\/8.01-308","metadata":false},{"id":61128,"structure_id":13354,"section_number":"8.01-309","catch_line":"Service on Secretary of Commonwealth as agent of nonresident operator or owner of aircraft","url":"\/8.01-309\/","token":"8.01\/8\/4\/8.01-309","metadata":false},{"id":84659,"structure_id":13354,"section_number":"8.01-310","catch_line":"How service made on Commissioner, Secretary, and Clerk; appointment binding","url":"\/8.01-310\/","token":"8.01\/8\/4\/8.01-310","metadata":false},{"id":80670,"structure_id":13354,"section_number":"8.01-311","catch_line":"Continuance of action where service made on Commissioner, Secretary, and Clerk","url":"\/8.01-311\/","token":"8.01\/8\/4\/8.01-311","metadata":false},{"id":67145,"structure_id":13354,"section_number":"8.01-312","catch_line":"Effect of service on statutory agent; duties of such agent; time for responding to process","url":"\/8.01-312\/","token":"8.01\/8\/4\/8.01-312","metadata":false},{"id":81995,"structure_id":13354,"section_number":"8.01-313","catch_line":"Specific addresses for mailing by statutory agent and resident agent","url":"\/8.01-313\/","token":"8.01\/8\/4\/8.01-313","metadata":false},{"id":85430,"structure_id":13354,"section_number":"8.01-314","catch_line":"Service on attorney after entry of general appearance by such attorney","url":"\/8.01-314\/","token":"8.01\/8\/4\/8.01-314","metadata":false},{"id":83124,"structure_id":13354,"section_number":"8.01-315","catch_line":"Notice to be mailed defendant when service accepted by another","url":"\/8.01-315\/","token":"8.01\/8\/4\/8.01-315","metadata":false},{"id":66717,"structure_id":13354,"section_number":"8.01-316","catch_line":"Service by publication; when available","url":"\/8.01-316\/","token":"8.01\/8\/4\/8.01-316","metadata":false},{"id":58190,"structure_id":13354,"section_number":"8.01-317","catch_line":"What order of publication to state; how published; when publication in newspaper dispensed with; electronic notice","url":"\/8.01-317\/","token":"8.01\/8\/4\/8.01-317","metadata":false},{"id":54333,"structure_id":13354,"section_number":"8.01-318","catch_line":"Within what time after publication case tried or heard; no subsequent publication required","url":"\/8.01-318\/","token":"8.01\/8\/4\/8.01-318","metadata":false},{"id":56410,"structure_id":13354,"section_number":"8.01-319","catch_line":"Publication of interim notice","url":"\/8.01-319\/","token":"8.01\/8\/4\/8.01-319","metadata":false},{"id":76043,"structure_id":13354,"section_number":"8.01-320","catch_line":"Personal service outside of Virginia","url":"\/8.01-320\/","token":"8.01\/8\/4\/8.01-320","metadata":false},{"id":61509,"structure_id":13354,"section_number":"8.01-321","catch_line":"Repealed","url":"\/8.01-321\/","token":"8.01\/8\/4\/8.01-321","metadata":false},{"id":54367,"structure_id":13354,"section_number":"8.01-322","catch_line":"Within what time case reheard on petition of party served by publication, and any injustice corrected","url":"\/8.01-322\/","token":"8.01\/8\/4\/8.01-322","metadata":false},{"id":61401,"structure_id":13354,"section_number":"8.01-323","catch_line":"In what counties city newspapers deemed published for purpose of legal advertisements","url":"\/8.01-323\/","token":"8.01\/8\/4\/8.01-323","metadata":false},{"id":62668,"structure_id":13354,"section_number":"8.01-324","catch_line":"Newspapers that may be used for legal notices and publications","url":"\/8.01-324\/","token":"8.01\/8\/4\/8.01-324","metadata":false},{"id":86831,"structure_id":13354,"section_number":"8.01-325","catch_line":"Return by person serving process","url":"\/8.01-325\/","token":"8.01\/8\/4\/8.01-325","metadata":false},{"id":58455,"structure_id":13354,"section_number":"8.01-326","catch_line":"Return as proof of service","url":"\/8.01-326\/","token":"8.01\/8\/4\/8.01-326","metadata":false},{"id":57208,"structure_id":13354,"section_number":"8.01-326.1","catch_line":"Repealed","url":"\/8.01-326.1\/","token":"8.01\/8\/4\/8.01-326.1","metadata":false},{"id":83256,"structure_id":13354,"section_number":"8.01-327","catch_line":"Acceptance of service of process","url":"\/8.01-327\/","token":"8.01\/8\/4\/8.01-327","metadata":false}],"previous_section":{"id":61128,"structure_id":13354,"section_number":"8.01-309","catch_line":"Service on Secretary of Commonwealth as agent of nonresident operator or owner of aircraft","url":"\/8.01-309\/","token":"8.01\/8\/4\/8.01-309","metadata":false},"next_section":{"id":80670,"structure_id":13354,"section_number":"8.01-311","catch_line":"Continuance of action where service made on Commissioner, Secretary, and Clerk","url":"\/8.01-311\/","token":"8.01\/8\/4\/8.01-311","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-310\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 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 1952, chapter 384; in 1954, chapter 333; in 1970, chapter 680; in 1972, chapter 408; in 1976, chapter 26; in 1977, chapter 617; in 1987, chapter 696; in 1992, chapter 459; in 2000, chapter 579<\/a>; in 2013, chapter 113<\/a>; in 2024, chapter 454<\/a>.<\/p>","references":[{"id":81995,"section_number":"8.01-313","catch_line":"Specific addresses for mailing by statutory agent and resident agent","order_by":null,"url":"\/8.01-313\/"}],"refers_to":[{"id":71702,"section_number":"12.1-19.1","catch_line":"Service of process on the Clerk of the State Corporation Commission as statutory agent","order_by":null,"url":"\/12.1-19.1\/"},{"id":69186,"section_number":"2.2-409","catch_line":"Secretary of the Commonwealth","order_by":null,"url":"\/2.2-409\/"},{"id":61678,"section_number":"8.01-308","catch_line":"Service on Commissioner of the Department of Motor Vehicles as agent for nonresident motor vehicle operator","order_by":null,"url":"\/8.01-308\/"},{"id":61128,"section_number":"8.01-309","catch_line":"Service on Secretary of Commonwealth as agent of nonresident operator or owner of aircraft","order_by":null,"url":"\/8.01-309\/"},{"id":67145,"section_number":"8.01-312","catch_line":"Effect of service on statutory agent; duties of such agent; time for responding to process","order_by":null,"url":"\/8.01-312\/"}],"permalink":{"id":281591,"object_type":"law","relational_id":84659,"identifier":"8.01-310","token":"8.01\/8\/4\/8.01-310","url":"\/8.01-310\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-310\/","token":"8.01\/8\/4\/8.01-310","dublin_core":{"Title":"How service made on Commissioner, Secretary, and Clerk; appointment binding","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-310","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Service of process<\/span> on the Clerk of the State Corporation Commission as a statutory agent<\/span> authorized by law<\/span> to receive service of process<\/span> on behalf of any natural person<\/span>, corporation, or other entity is governed by § 12.1-19.1<\/a>. Service of process<\/span> on either the Commissioner of the Department of Motor Vehicles as authorized under § 8.01-308<\/a> or on the Secretary of the Commonwealth as authorized under § 8.01-309<\/a> shall be made by the plaintiff<\/span> or his agent or the sheriff<\/span> leaving a copy of such process together with the fee for service of process<\/span> on parties, in the amount prescribed in § 2.2-409<\/a>, for each party<\/span> to be thus served, in the hands, or in the office, of the Commissioner or the Secretary. Service on the statutory agent<\/span> shall be deemed sufficient upon the person<\/span> or entity served and shall be effective on the date when service is made on the Commissioner or the Secretary pursuant to this subsection or on the Clerk of the State Corporation Commission pursuant to subsection A of § 12.1-19.1<\/a>, provided, however, that the time to respond to process sent by the Commissioner, Secretary, or Clerk as statutory agent<\/span> is governed by subsection C of § 8.01-312<\/a>. All fees collected by the Commissioner pursuant to the provisions of this section shall be paid into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department of Motor Vehicles. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Appointment of the Commissioner or Secretary as attorney or agent for the service of process<\/span> on a nonresident under \u00a7 8.01-308<\/a> or 8.01-309<\/a> shall be irrevocable and binding upon the executor or other personal representative of such nonresident, and: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Where a nonresident has died before the commencement of an action<\/span> against him regarding an accident or collision under § 8.01-308<\/a> or 8.01-309<\/a>, such appointment shall be irrevocable and binding upon the executor or other personal representative of such nonresident; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Where a nonresident dies after the commencement of an action<\/span> against him regarding an accident or collision under § 8.01-308<\/a> or 8.01-309<\/a>, the action<\/span> shall continue and such appointment shall be irrevocable and binding upon his executor, administrator, or other personal representative with such additional notice of the pendency of the action<\/span> as the court<\/span> deems proper. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of subsection B apply, mutatis mutandis<\/span>, to actions<\/span> in which a natural person<\/span> served with process through the Clerk of the State Corporation Commission as his agent has died before or after the commencement of the action<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHOW SERVICE MADE ON COMMISSIONER, SECRETARY, AND CLERK; APPOINTMENT BINDING (\u00a7\n8.01-310)\n\nA. Service of process on the Clerk of the State Corporation Commission as a\nstatutory agent authorized by law to receive service of process on behalf of any\nnatural person, corporation, or other entity is governed by § 12.1-19.1.\nService of process on either the Commissioner of the Department of Motor\nVehicles as authorized under § 8.01-308 or on the Secretary of the\nCommonwealth as authorized under § 8.01-309 shall be made by the plaintiff\nor his agent or the sheriff leaving a copy of such process together with the fee\nfor service of process on parties, in the amount prescribed in § 2.2-409,\nfor each party to be thus served, in the hands, or in the office, of the\nCommissioner or the Secretary. Service on the statutory agent shall be deemed\nsufficient upon the person or entity served and shall be effective on the date\nwhen service is made on the Commissioner or the Secretary pursuant to this\nsubsection or on the Clerk of the State Corporation Commission pursuant to\nsubsection A of § 12.1-19.1, provided, however, that the time to respond to\nprocess sent by the Commissioner, Secretary, or Clerk as statutory agent is\ngoverned by subsection C of § 8.01-312. All fees collected by the\nCommissioner pursuant to the provisions of this section shall be paid into the\nstate treasury and shall be set aside as a special fund to be used to meet the\nexpenses of the Department of Motor Vehicles.\n\nB. Appointment of the Commissioner or Secretary as attorney or agent for the\nservice of process on a nonresident under \u00a7 8.01-308 or 8.01-309 shall be\nirrevocable and binding upon the executor or other personal representative of\nsuch nonresident, and:\n\n 1. Where a nonresident has died before the commencement of an action against\n him regarding an accident or collision under § 8.01-308 or 8.01-309, such\n appointment shall be irrevocable and binding upon the executor or other\n personal representative of such nonresident; or\n\n 2. Where a nonresident dies after the commencement of an action against him\n regarding an accident or collision under § 8.01-308 or 8.01-309, the\n action shall continue and such appointment shall be irrevocable and binding\n upon his executor, administrator, or other personal representative with such\n additional notice of the pendency of the action as the court deems proper.\n\nC. The provisions of subsection B apply, mutatis mutandis, to actions in which a\nnatural person served with process through the Clerk of the State Corporation\nCommission as his agent has died before or after the commencement of the action.\n\nHISTORY: Code 1950, \u00a7\u00a7 8-67.2, 8-67.4; 1952, c. 384; 1954, c. 333; 1970, c.\n680; 1972, c. 408; 1976, c. 26; 1977, c. 617; 1987, c. 696; 1992, c. 459; 2000,\nc. 579; 2013, c. 113; 2024, c. 454.","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}}