A. Venue laid in forums other than those designated by this chapter shall be subject to objection, but no action shall be dismissed solely on the basis of venue if there be a forum in the Commonwealth where venue is proper. In actions where venue is subject to objection, the action may nevertheless be tried where it is commenced, and the venue irregularity shall be deemed to have been waived unless the defendant objects to venue by motion filed, as to actions in circuit courts, within twenty-one days after service of process commencing the action, or within the period of any extension of time for filing responsive pleadings fixed by order of the court. As to actions in general district courts, a motion objecting to venue, which may be in the form of a letter or other written communication, shall be filed with or received by the court on or before the day of trial. Waiver by any defendant shall not constitute waiver for any other defendant entitled to object to venue. Such motion shall set forth where the defendant believes venue to be proper, may be in writing, and shall be promptly heard by the court upon reasonable notice by any party. The court shall hear the motion only on the basis of the action as commenced against the original defendant and not on the basis of subsequent joinder or intervention of any other party. If such motion is sustained, the court shall order the venue transferred to a proper forum under the appropriate provisions of §§ 8.01-195.4, 8.01-260, 8.01-261 and 8.01-262 and shall so notify each party.
B. In the event a party defendant whose presence created venue is dismissed after the parties are at issue, then the remaining parties defendant may object to venue within ten days after such dismissal if the remaining defendants can demonstrate that the dismissed defendant was not properly joined or was added as a party defendant for the purpose of creating venue. However, nothing in this section shall impair the right of the court under § 8.01-265 to retain the action for trial on motion of a plaintiff and for good cause shown.
C. The initial pleading, in any action brought in a general district court, shall inform the defendant of his right to object to venue if the action is brought in any forum other than that specified in §§ 8.01-261, 8.01-262, or § 8.01-263. The information to the defendant shall be stated in clear, nontechnical language reasonably calculated to accomplish the purpose of this subsection.
D. Where a suit described in subdivision 19 of § 8.01-261 is filed in a venue that is not described therein, the court, on its own motion and upon notice to all parties, may transfer the suit to a venue described in such subdivision provided the transfer is implemented within sixty days after service of process upon all parties.
1977, c. 617; 1982, c. 601; 1985, cc. 433, 492; 1986, cc. 396, 403; 1987, c. 709; 1991, c. 692.
Notes of Decisions
RMBS Recovery Holdings, I, LLC v. HSBC Bank USA, N.A., 827 S.E.2d 762 (Va. 2019).
· cites it 32× “HSBC responded that its assertion of the forum selection clauses was not a venue challenge and Code § 8.01-264 did not apply because it was not arguing that venue was improper.”
Faison v. Hudson, 417 S.E.2d 302 (Va. 1992).
· cites it 6× “01-260, in pertinent part, provides that, except for certain actions not germane to the present case, “and subject to the provisions of §§ 8.01-264 and 8.01-265, the venue for any action shall be deemed proper only if laid in accordance with the provisions of .”
Perk v. Vector Resources Grp., Ltd., 485 S.E.2d 140 (Va. 1997).
· cites it 2× “Code § 8.01-264. Second, we think the trial court abused its discretion in denying Perk’s request for leave to amend his motion for judgment on the ground that “the amended claims would establish that venue does not lie in this Court.”
State Farm Mut. Auto. Ins. Co. v. Remley, 618 S.E.2d 316 (Va. 2005).
“"The time allowed for filing pleadings may be extended by the court in its discretion and such extension may be granted although the time fixed already has expired; but the time fixed for the filing of a motion challenging the venue shall in no case be extended except to the…”
Residents Involved in Saving the Env't, Inc. v. Commonwealth, 471 S.E.2d 796 (Va. Ct. App. 1996).
· cites it 5× “The original defendant, the Department, failed to object to venue within twenty-one days of Residents commencing the appeal as required by Code § 8.01-264 and thus waived any venue objection.”
Meyer v. Brown, 500 S.E.2d 807 (Va. 1998).
· cites it 2× “Upon remand, the trial court shall conduct a hearing and shall order this action transferred to either Prince George County or Chesterfield County, in accordance with the provisions of Code § 8.01-264. Reversed and remanded.”
Pfeifer v. Krauss Const. Co. of Virginia, 546 S.E.2d 717 (Va. 2001).
· cites it 2× “[2] Pfeifer's action was filed in the Circuit Court of the City of Norfolk and, on motion by the defendant, it was later transferred to the Circuit Court of the City of Virginia Beach under the provisions of Code § 8.”
Sours v. Virginia Bd. for Architects, 516 S.E.2d 712 (Va. Ct. App. 1999).
· cites it 2× “The time allowed for filing pleadings may be extended by the court in its discretion and such extension may be granted although the time fixed already has expired; but the time fixed for the filing of a motion challenging the venue shall in no case be extended except to the…”
Pfeifer v. Krauss Constr. Co. of Virginia, Inc., 546 S.E.2d 717 (Va. 2001).
· cites it 2× “Pfeifer’s action was filed in the Circuit Court of the City of Norfolk and, on motion by the defendant, it was later transferred to the Circuit Court of the City of Virginia Beach under the provisions of Code § 8.01-264. The reference was to Code § 65.”
Booth v. Broudy, 369 S.E.2d 165 (Va. 1988).
· cites it 3× “” Code § 8.01-264 provides that objection to venue shall be made by motion and that failure to object constitutes a waiver.”
In re Chinese Drywall Cases, 80 Va. Cir. 69 (Norfolk Cir. Ct. 2010).
“Rather, they base it on § 8.01-264 and their claim that venue is improperly laid in Norfolk.”
— Va. Code Ann. § 8.01-264(2) — 2 cases
— Va. Code Ann. § 8.01-264(4) — 1 case
— Va. Code Ann. § 8.01-264(A) — 8 cases
Faison v. Hudson, 417 S.E.2d 302 (Va. 1992).
“01-260, in pertinent part, provides that, except for certain actions not germane to the present case, “and subject to the provisions of §§ 8.01-264 and 8.01-265, the venue for any action shall be deemed proper only if laid in accordance with the provisions of .”
— Va. Code Ann. § 8.01-264(B) — 1 case
— Va. Code Ann. § 8.01-264(D) — 1 case
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