Va. Code » Title 16.1. Courts Not of Record » Chapter 6. Venue, Jurisdiction and Procedure in Civil Matters » Article 3. Procedure in Civil Cases
Virginia Code

Va. Code Ann. § 16.1-82 (2026)

Service of motion; return thereon and delivery to the court; how disposed of

✓ current as of May 2026
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The plaintiff shall file with the clerk of the court an original motion for judgment and as many copies as there are defendants upon whom it is to be served, with the proper fees. The original motion and copies thereof shall then be delivered to the sheriff or other person for service. Service of such motion shall be as provided in Chapter 8 (§ 8.01-285 et seq.) of Title 8.01, but the motion must be served not less than five days before the return day. Returns shall be made on the original motion for judgment and shall show when, where, how and upon whom service was made. The motion or motions with the returns thereon shall be returned by the sheriff or other persons making service to the court within three days of the date service is made. The motion for judgment shall be heard and disposed of by the court in the same manner as if it were a civil warrant. Except as otherwise provided herein, procedure upon such motion for judgment shall conform as nearly as practicable to the procedure in motions for judgment prescribed by Rules of Court for civil actions in courts of record.

1956, c. 555; 1981, c. 576; 1990, c. 943.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1984–2024 · leading case: Davis v. Am. Interinsurance Exch., 319 S.E.2d 723 (Va. 1984).
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Davis v. Am. Interinsurance Exch., 319 S.E.2d 723 (Va. 1984). · cites it 2× “Code § 16.1-82 provides that a motion for judgment filed in a general district court “must be served not less than five days before the return day.”
Johnson v. Clerk, Wise Cnty. Circuit Court (ORDER) (Va. 2024). · cites it 2× “District court clerks have a ministerial duty to file pleadings without passing judgment on their validity.”
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