{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-320.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-320.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-320.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-320.html"}],"law_id":76043,"edition_id":1,"section_id":76043,"structure_id":13354,"section_number":"8.01-320","catch_line":"Personal service outside of Virginia","history":"Code 1950, \u00a7 8-74; 1954, c. 333; 1970, c. 552; 1977, c. 617; 1978, c. 90; 1981, c. 6; 1983, c. 402; 1984, c. 18; 1985, c. 177; 1986, c. 263; 1987, c. 594; 1997, c. 754; 2005, c. 866.","full_text":"A\n\nSubject to § 8.01-286.1, service of a process on a nonresident person outside the Commonwealth may be made by: (i) any person authorized to serve process in the jurisdiction where the party to be served is located; or (ii) any person 18 years of age or older who is not a party or otherwise interested in the subject matter of the controversy and notwithstanding any other provision of law to the contrary, such person need not be authorized by the circuit court to serve process which commences divorce or annulment actions. When the court can exercise jurisdiction over the nonresident pursuant to § 8.01-328.1, such service shall have the same effect as personal service on the nonresident within Virginia. Such service when no jurisdiction can be exercised pursuant to § 8.01-328.1, or service in accordance with the provisions of subdivision 2 a of § 8.01-296 shall have the same effect, and no other, as an order of publication duly executed, or the publication of a copy of process under this chapter, as the case may be; however, depositions may be taken at any time after 21 days’ notice of the taking of the depositions has been personally served. The person so served shall be in default upon his failure to file a pleading in response to original process within 21 days after such service. If no responsive pleading is filed within the time allowed by law, the case may proceed without service of any additional pleadings, including the notice of the taking of depositions.B\n\nAny personal service of process outside of this Commonwealth executed in such manner as is provided for in this section prior or subsequent to October 1, 1977, in a divorce or annulment action is hereby validated. Personal service of process outside this Commonwealth in a divorce or annulment action may be executed as provided in this section.","order_by":null,"text":{"0":{"id":272945,"text":"Subject to § 8.01-286.1, service of a process on a nonresident person outside the Commonwealth may be made by: (i) any person authorized to serve process in the jurisdiction where the party to be served is located; or (ii) any person 18 years of age or older who is not a party or otherwise interested in the subject matter of the controversy and notwithstanding any other provision of law to the contrary, such person need not be authorized by the circuit court to serve process which commences divorce or annulment actions. When the court can exercise jurisdiction over the nonresident pursuant to § 8.01-328.1, such service shall have the same effect as personal service on the nonresident within Virginia. Such service when no jurisdiction can be exercised pursuant to § 8.01-328.1, or service in accordance with the provisions of subdivision 2 a of § 8.01-296 shall have the same effect, and no other, as an order of publication duly executed, or the publication of a copy of process under this chapter, as the case may be; however, depositions may be taken at any time after 21 days’ notice of the taking of the depositions has been personally served. The person so served shall be in default upon his failure to file a pleading in response to original process within 21 days after such service. If no responsive pleading is filed within the time allowed by law, the case may proceed without service of any additional pleadings, including the notice of the taking of depositions.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":272946,"text":"Any personal service of process outside of this Commonwealth executed in such manner as is provided for in this section prior or subsequent to October 1, 1977, in a divorce or annulment action is hereby validated. Personal service of process outside this Commonwealth in a divorce or annulment action may be executed as provided in this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-320\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 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 1970, chapter 552; in 1977, chapter 617; in 1978, chapter 90; in 1981, chapter 6; in 1983, chapter 402; in 1984, chapter 18; in 1985, chapter 177; in 1986, chapter 263; in 1987, chapter 594; in 1997, chapter 754<\/a>; in 2005, chapter 866<\/a>.<\/p>","references":[{"id":86498,"section_number":"16.1-105","catch_line":"Attachments","order_by":null,"url":"\/16.1-105\/"},{"id":73490,"section_number":"16.1-277.01","catch_line":"Approval of entrustment agreement","order_by":null,"url":"\/16.1-277.01\/"},{"id":57689,"section_number":"20-61.3","catch_line":"Consequences of a putative father failing to appear","order_by":null,"url":"\/20-61.3\/"},{"id":68725,"section_number":"64.2-1406","catch_line":"Notice required; certain substitutions validated","order_by":null,"url":"\/64.2-1406\/"},{"id":82871,"section_number":"8.01-286.1","catch_line":"Service of process; waiver, duty to save costs, request to waive, how served","order_by":null,"url":"\/8.01-286.1\/"},{"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":58110,"section_number":"8.01-328.1","catch_line":"When personal jurisdiction over person may be exercised","order_by":null,"url":"\/8.01-328.1\/"},{"id":58794,"section_number":"8.01-55","catch_line":"Compromise of claim for death by wrongful act","order_by":null,"url":"\/8.01-55\/"}],"refers_to":[{"id":82871,"section_number":"8.01-286.1","catch_line":"Service of process; waiver, duty to save costs, request to waive, how served","order_by":null,"url":"\/8.01-286.1\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"},{"id":58110,"section_number":"8.01-328.1","catch_line":"When personal jurisdiction over person may be exercised","order_by":null,"url":"\/8.01-328.1\/"}],"permalink":{"id":281631,"object_type":"law","relational_id":76043,"identifier":"8.01-320","token":"8.01\/8\/4\/8.01-320","url":"\/8.01-320\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-320\/","token":"8.01\/8\/4\/8.01-320","dublin_core":{"Title":"Personal service outside of Virginia","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-320","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Subject to § 8.01-286.1<\/a>, service of a process on a nonresident person<\/span> outside the Commonwealth may be made by: (i) any person<\/span> authorized to serve process in the jurisdiction<\/span> where the party<\/span> to be served is located; or (ii) any person<\/span> 18 years of age or older who is not a party<\/span> or otherwise interested in the subject matter of the controversy and notwithstanding any other provision of law<\/span> to the contrary, such person<\/span> need not be authorized by the circuit<\/span> court<\/span> to serve process which commences divorce or annulment<\/span> actions<\/span>. When the court<\/span> can exercise jurisdiction<\/span> over the nonresident pursuant to § 8.01-328.1<\/a>, such service shall have the same effect as personal service on the nonresident within Virginia. Such service when no jurisdiction<\/span> can be exercised pursuant to § 8.01-328.1<\/a>, or service in accordance with the provisions of subdivision 2 a of § 8.01-296<\/a> shall have the same effect, and no other, as an order<\/span> of publication duly executed, or the publication of a copy of process under this chapter, as the case may be; however, depositions<\/span> may be taken at any time after 21 days’ notice of the taking of the depositions<\/span> has been personally served. The person<\/span> so served shall be in default<\/span> upon his failure to file a pleading in response to original process within 21 days after such service. If no responsive pleading is filed within the time allowed by law<\/span>, the case may proceed without service of any additional pleadings<\/span>, including the notice of the taking of depositions<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any personal service of process<\/span> outside of this Commonwealth executed in such manner as is provided for in this section prior or subsequent to October 1, 1977, in a divorce or annulment<\/span> action<\/span> is hereby validated. Personal service of process<\/span> outside this Commonwealth in a divorce or annulment<\/span> action<\/span> may be executed as provided in this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERSONAL SERVICE OUTSIDE OF VIRGINIA (\u00a7 8.01-320)\n\nA. Subject to § 8.01-286.1, service of a process on a nonresident person\noutside the Commonwealth may be made by: (i) any person authorized to serve\nprocess in the jurisdiction where the party to be served is located; or (ii) any\nperson 18 years of age or older who is not a party or otherwise interested in\nthe subject matter of the controversy and notwithstanding any other provision of\nlaw to the contrary, such person need not be authorized by the circuit court to\nserve process which commences divorce or annulment actions. When the court can\nexercise jurisdiction over the nonresident pursuant to § 8.01-328.1, such\nservice shall have the same effect as personal service on the nonresident within\nVirginia. Such service when no jurisdiction can be exercised pursuant to §\n8.01-328.1, or service in accordance with the provisions of subdivision 2 a of\n§ 8.01-296 shall have the same effect, and no other, as an order of\npublication duly executed, or the publication of a copy of process under this\nchapter, as the case may be; however, depositions may be taken at any time after\n21 days’ notice of the taking of the depositions has been personally\nserved. The person so served shall be in default upon his failure to file a\npleading in response to original process within 21 days after such service. If\nno responsive pleading is filed within the time allowed by law, the case may\nproceed without service of any additional pleadings, including the notice of the\ntaking of depositions.\n\nB. Any personal service of process outside of this Commonwealth executed in such\nmanner as is provided for in this section prior or subsequent to October 1,\n1977, in a divorce or annulment action is hereby validated. Personal service of\nprocess outside this Commonwealth in a divorce or annulment action may be\nexecuted as provided in this section.\n\nHISTORY: Code 1950, \u00a7 8-74; 1954, c. 333; 1970, c. 552; 1977, c. 617; 1978, c.\n90; 1981, c. 6; 1983, c. 402; 1984, c. 18; 1985, c. 177; 1986, c. 263; 1987, c.\n594; 1997, c. 754; 2005, c. 866.","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}}