                                 CODE OF VIRGINIA

DEFECTIVE PROCESS; MOTION TO QUASH; UNTIMELY SERVICE; MOTION TO DISMISS (§
8.01-277)

A. 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.

B. 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
&#xA7; 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.

HISTORY: Code 1950, § 8-118; 1954, c. 333; 1977, c. 617; 1994, c. 37; 2006, c.
151.