Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 7. Civil Actions; Commencement, Pleadings, and Motions » Article 2. Pleadings Generally
Virginia Code

Va. Code Ann. § 8.01-277.1 (2026)

Objections to personal jurisdiction or defective process; what constitutes waiver

✓ current as of May 2026
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A. Except as provided in § 8.01-277, a person waives any objection to personal jurisdiction or defective process if he engages in conduct related to adjudicating the merits of the case, including, but not limited to:

1. Filing a demurrer, plea in bar, answer, counterclaim, cross-claim, or third-party claim;

2. Conducting discovery, except as provided in subsection B;

3. Seeking a ruling on the merits of the case; or

4. Actively participating in proceedings related to determining the merits of the case.

B. A person does not waive any objection to personal jurisdiction or defective process if he engages in conduct unrelated to adjudicating the merits of the case, including, but not limited to:

1. Requesting or agreeing to an extension of time;

2. Agreeing to a scheduling order;

3. Conducting discovery authorized by the court related to adjudicating the objection;

4. Observing or attending proceedings in the case;

5. Filing a motion to transfer venue pursuant to § 8.01-264 when such motion is filed contemporaneously with the objection; or

6. Removing the case to federal court.

2011, c. 710.

Notes of Decisions
Cited in 8 cases (6 in the last 5 years), 2015–2025 · leading case: McCulley v. Brooks & Co. Gen. Contractors, Inc., 816 S.E.2d 270 (Va. 2018).
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McCulley v. Brooks & Co. Gen. Contractors, Inc., 816 S.E.2d 270 (Va. 2018). · cites it 8× “11 We thus need not address the impact, if any, of Code § 8.01-277.1(A), which lists, as examples of a general appearance, filing certain pleadings or “[c]onducting discovery” on the merits of the dispute, “[s]eeking a ruling on the merits of the case,” as well as “[a]ctively…”
Paul J. Plofchan, Sr. v. Zingbox, Inc. (Va. Ct. App. 2025). · cites it 3× “Under Code § 8.01-277.1, “a person waives any objection to personal jurisdiction or defective process if he engages in conduct related to adjudicating the merits of the case.”
Yelp, Inc. v. Hadeed Carpet Cleaning (Va. 2015). · cites it 4× “6 6 Hadeed also argues that under Code § 8.01-277.1, Yelp waived any objection to jurisdiction because it failed to make a special appearance.”
Matthew Connor v. Kelly Lyons f/k/a Kelly Connor (Va. Ct. App. 2022). · cites it 2× “See generally Code § 8.01-277.1(A) (“[A] person waives any objection to personal jurisdiction or defective process if he engages in conduct related to adjudicating the merits of the case, including .”
Jackson v. Blessing (E.D. Va. 2022). · cites it 2× “(showing Plaintiff's May 3, 2018, Motion to Vacate on the docket); Va. Code Ann. § 8.01-277.1 (A) (“a person waives any objection to personal jurisdiction or defective process if he engages in conduct related to adjudicating the merits of the case, including .”
Gwyn (W.D. Va. 2025). · cites it 2× “” Va. Code Ann. § 8.01-277.1 (A). Thus, when Gwyn filed an answer in Virginia state court, she was “brought within the court’s authority” as required for receipt under § 1446.”
Diego Claramunt v. Commonwealth of Virginia (Va. Ct. App. 2025). · cites it 2× “Claramunt under Code § 8.01-277.1 because “a person waives any objection to personal jurisdiction or defective process if he engages in conduct related to adjudicating the merits of the case, .”
Katherine Louise Carter v. Wake Forest Univ. Baptist Med. Ctr. (Va. Ct. App. 2023). “On September 18, 2019, pursuant to Code § 8.01-277.1(B)(3), the circuit court authorized jurisdictional discovery.”
— Va. Code Ann. § 8.01-277.1(A) — 4 cases
McCulley v. Brooks & Co. Gen. Contractors, Inc., 816 S.E.2d 270 (Va. 2018). “11 We thus need not address the impact, if any, of Code § 8.01-277.1(A), which lists, as examples of a general appearance, filing certain pleadings or “[c]onducting discovery” on the merits of the dispute, “[s]eeking a ruling on the merits of the case,” as well as “[a]ctively…”
Matthew Connor v. Kelly Lyons f/k/a Kelly Connor (Va. Ct. App. 2022). “See generally Code § 8.01-277.1(A) (“[A] person waives any objection to personal jurisdiction or defective process if he engages in conduct related to adjudicating the merits of the case, including .”
Paul J. Plofchan, Sr. v. Zingbox, Inc. (Va. Ct. App. 2025). “Under Code § 8.01-277.1, “a person waives any objection to personal jurisdiction or defective process if he engages in conduct related to adjudicating the merits of the case.”
Yelp, Inc. v. Hadeed Carpet Cleaning (Va. 2015). “6 6 Hadeed also argues that under Code § 8.01-277.1, Yelp waived any objection to jurisdiction because it failed to make a special appearance.”
— Va. Code Ann. § 8.01-277.1(B)(1) — 1 case
McCulley v. Brooks & Co. Gen. Contractors, Inc., 816 S.E.2d 270 (Va. 2018). “11 We thus need not address the impact, if any, of Code § 8.01-277.1(A), which lists, as examples of a general appearance, filing certain pleadings or “[c]onducting discovery” on the merits of the dispute, “[s]eeking a ruling on the merits of the case,” as well as “[a]ctively…”
— Va. Code Ann. § 8.01-277.1(B)(3) — 1 case
Katherine Louise Carter v. Wake Forest Univ. Baptist Med. Ctr. (Va. Ct. App. 2023). “On September 18, 2019, pursuant to Code § 8.01-277.1(B)(3), the circuit court authorized jurisdictional discovery.”
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