                                 CODE OF VIRGINIA

SERVICE OF SUMMONS; PROOF OF SERVICE; PENALTY (§ 16.1-264)

A. If a party designated in subsection A of &#xA7; 16.1-263 to be served with a
summons can be found within the Commonwealth, the summons shall be served upon
him in person or by substituted service as prescribed in subdivision 2 of &#xA7;
8.01-296.
			If a party designated to be served in &#xA7; 16.1-263 is without the
Commonwealth but can be found or his address is known, or can with reasonable
diligence be ascertained, service of summons may be made either by delivering a
copy thereof to him personally or by mailing a copy thereof to him by certified
mail return receipt requested.
			If after reasonable effort a party other than the person who is the subject
of the petition cannot be found or his post-office address cannot be
ascertained, whether he is within or without the Commonwealth, the court may
order service of the summons upon him by publication in accordance with the
provisions of &#xA7;&#xA7; 8.01-316 and 8.01-317.

A1. Any person who is subject to an emergency protective order issued pursuant
to &#xA7; 16.1-253.4 or 19.2-152.8 shall have been personally served with the
protective order if a law-enforcement officer, as defined in &#xA7; 9.1-101,
personally provides to such person a notification of the issuance of the order,
which shall be on a form approved by the Executive Secretary of the Supreme
Court of Virginia, provided that all of the information and individual
requirements of the order are included on the form. The officer making service
shall enter or cause to be entered the date and time of service and other
appropriate information required by the Department of State Police into the
Virginia Criminal Information Network and make due return to the court.

B. Service of summons may be made under the direction of the court by sheriffs,
their deputies and police officers in counties and cities or by any other
suitable person designated by the court. However, in any case in which custody
or visitation of a minor child or children is at issue and a summons is issued
for the attendance and testimony of a teacher or other school personnel who is
not a party to the proceeding, if such summons is served on school property, it
shall be served only by a sheriff or his deputy.

C. Proof of service may be made by the affidavit of the person other than an
officer designated in subsection B hereof who delivers a copy of the summons to
the person summoned, but if served by a state, county or municipal officer his
return shall be sufficient without oath.

D. The summons shall be considered a mandate of the court and willful failure to
obey its requirements shall subject any person guilty thereof to liability for
punishment as for contempt.

HISTORY: Code 1950, §§ 16.1-167 to 16.1-170; 1956, c. 555; 1977, c. 559; 1984,
c. 594; 1987, c. 632; 1991, c. 62; 2004, c. 588; 2011, c. 482.