A. If a party designated in subsection A of § 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 § 8.01-296.
If a party designated to be served in § 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 §§ 8.01-316 and 8.01-317.
A1. Any person who is subject to an emergency protective order issued pursuant to § 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 § 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.
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.
Notes of Decisions
Cited in
26
cases (
2 in the last 5 years), 1982–2025 · leading case:
Moore v. Commonwealth, 527 S.E.2d 406 (Va. 2000).
Moore v. Commonwealth, 527 S.E.2d 406 (Va. 2000).
· cites it 20× “To the contrary, the juvenile court judge stated in her notes, which are part of the record in this appeal, that neither party presented any question regarding the sufficiency of the notice required under former Code § 16.”
Baker v. Commonwealth, 504 S.E.2d 394 (Va. Ct. App. 1998).
· cites it 16× “” At the least, the Commonwealth was required to make a reasonable inquiry as to the address of Baker’s biological father, and, if the address could not be ascertained “[a]fter reasonable effort,” to effect service of the summons by publication.”
Commonwealth v. Southerly, 551 S.E.2d 650 (Va. 2001).
· cites it 3× “Code § 16.1-264(A) provided at the time of the juvenile proceedings in this case that if a party other than the person who is the subject of the petition cannot be found or his post-office address cannot be ascertained, the court may order service of the summons by publication.”
Karim v. Commonwealth, 473 S.E.2d 103 (Va. Ct. App. 1996).
· cites it 2× “” Code § 16.1-264. Service on one parent is sufficient in cases of delinquency.”
Knox v. Lynchburg Div. of Soc. Servs., 288 S.E.2d 399 (Va. 1982).
“Service shall be made pursuant to § 16.1-264. B. The residual parental rights of a parent or parents of a child found by the court to be neglected or abused and placed in foster care as a result of (i) court commitment, (ii) an entrustment agreement entered into by the parent or…”
Nelson v. Warden of the Keen Mountain Corr. Ctr., 552 S.E.2d 73 (Va. 2001).
· cites it 2× “Code § 16.1-264(A) provides that if a person other than the juvenile defendant cannot be found or his post office address cannot be located, the court may order service of the summons upon him by publication.”
Williams v. Commonwealth, 497 S.E.2d 156 (Va. Ct. App. 1998).
· cites it 2× “1-268(E) excuses notice if the judge certifies on the record that the identity of the parent is not reasonably ascertainable. Neither Code § 16.1-263(D) nor (E) is applicable here because Ms.”
Knox v. Lynchburg Div. of Soc. Serv., 288 S.E.2d 399 (Va. 1982).
“Service shall be made pursuant to § 16.1-264. B. The residual parental rights of a parent or parents of a child found by the court to be neglected or abused and placed in foster care as a result of (i) court commitment, (ii) an entrustment agreement entered into by the parent or…”
Karim v. Commonwealth, 466 S.E.2d 772 (Va. Ct. App. 1996).
· cites it 2× “” Code § 16.1-264. Service on one parent is sufficient in cases of delinquency.”
Rochelle Susan Beardslee v. DSS of Henrico Cnty. (Va. Ct. App. 2001).
· cites it 8× “The Department petitioned the juvenile and domestic relations district court to terminate the residual parental rights of mother and father. On March 30, 2000, the court entered orders terminating those rights.”
Martin v. McGee, 46 Va. Cir. 87 (Fairfax Cir. Ct. 1998).
· cites it 11× “Martin responds that pursuant to the 1991 amendment to Va. Code § 16.1-264, service by posting of petitions in juvenile courts was explicitly authorized.”
— Va. Code Ann. § 16.1-264(1) — 1 case
— Va. Code Ann. § 16.1-264(A) — 10 cases
Baker v. Commonwealth, 504 S.E.2d 394 (Va. Ct. App. 1998).
“” At the least, the Commonwealth was required to make a reasonable inquiry as to the address of Baker’s biological father, and, if the address could not be ascertained “[a]fter reasonable effort,” to effect service of the summons by publication.”
Commonwealth v. Southerly, 551 S.E.2d 650 (Va. 2001).
“Code § 16.1-264(A) provided at the time of the juvenile proceedings in this case that if a party other than the person who is the subject of the petition cannot be found or his post-office address cannot be ascertained, the court may order service of the summons by publication.”
Nelson v. Warden of the Keen Mountain Corr. Ctr., 552 S.E.2d 73 (Va. 2001).
“Code § 16.1-264(A) provides that if a person other than the juvenile defendant cannot be found or his post office address cannot be located, the court may order service of the summons upon him by publication.”
Williams v. Commonwealth, 497 S.E.2d 156 (Va. Ct. App. 1998).
“1-268(E) excuses notice if the judge certifies on the record that the identity of the parent is not reasonably ascertainable. Neither Code § 16.1-263(D) nor (E) is applicable here because Ms.”
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