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 § 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.
Code 1950, § 8-118; 1954, c. 333; 1977, c. 617; 1994, c. 37; 2006, c. 151.
Notes of Decisions
Cited in
37
cases (
4 in the last 5 years), 1992–2025 · leading case:
Lyren v. Ohr, 623 S.E.2d 883 (Va. 2006).
Lyren v. Ohr, 623 S.E.2d 883 (Va. 2006).
· cites it 20× “The issue in this appeal concerns whether a defendant, who was served with process more than one year after commencement of an action and did not take advantage of that defect in service of process by filing a motion in accordance with Code § 8.01-277, can raise the bar against…”
Brown v. Burch, 519 S.E.2d 403 (Va. Ct. App. 1999).
· cites it 12× “She asserts, however, that under Code § 8.01-277, she was entitled to appear specially and generally, without waiving personal jurisdiction.”
Watkins v. Fairfax Cnty. Dep't of Fam. Servs., 595 S.E.2d 19 (Va. Ct. App. 2004).
· cites it 4× “See Code § 8.01-277 ("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.”
Gilpin v. Joyce, 515 S.E.2d 124 (Va. 1999).
· cites it 4× “*582 In 1977, the General Assembly enacted Code § 8.01-277, which provides in pertinent part that: 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…”
Janvier v. Arminio, 634 S.E.2d 754 (Va. 2006).
· cites it 2× “We note that such a concern has been resolved by the current provisions of Code § 8.01-277, which now specifically permit a special appearance in these circumstances.”
Rice v. Alpha Sec., Inc., 940 F. Supp. 2d 321 (E.D. Va. 2013).
· cites it 4× “” Va.Code Ann. § 8.01-277 (emphasis added).”
Marsh v. Med. Coll. of Virginia Hospitals Auxiliary, 71 Va. Cir. 404 (Richmond County Cir. Ct. 2006).
· cites it 6× “It is the burden of the moving party to show that there was a defect under Virginia Code § 8.01-277. As such, the court cannot sustain the Motion to Quash based upon Virginia Code § 8.”
Rundle v. Carter, 91 Va. Cir. 177 (Norfolk Cir. Ct. 2015).
· cites it 3× “” Va. Code § 8.01-277. This statute provides parties served with service of process the remedy of moving the Court to quash defective service.”
Doulgerakis v. Cooper, 57 Va. Cir. 326 (2002).
· cites it 2× “Virginia Code § 8.01-277 provides that a person who has been served with process 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 of the merits.”
— Va. Code Ann. § 8.01-277(A) — 1 case
— Va. Code Ann. § 8.01-277(B) — 9 cases
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