Notwithstanding the provisions of § 8.01-299 for service of process on other domestic corporations, process shall be served on municipal and county governments and quasi-governmental bodies or agencies in the following manner:
1. If the case be against a city or a town, on its city or town attorney in those cities or towns which have created such a position, otherwise on its mayor, manager or trustee of such town or city; and
2. If the case be against a county, on its county attorney in those counties which have created such a position, otherwise on its attorney for the Commonwealth; and
3. If the case be against any political subdivision, or any other public governmental entity created by the laws of the Commonwealth and subject to suit as an entity separate from the Commonwealth, then on the director, commissioner, chief administrative officer, attorney, or any member of the governing body of such entity; and
4. If the case be against a supervisor, county officer, employee, or agent of the county board, arising out of official actions of such supervisor, officer, employee, or agent, then, in addition to the person named defendant in the case, on the county attorney, if the county has a county attorney, and if there is no county attorney, on the clerk of the county board.
Service under this section may be made by leaving a copy with the person in charge of the office of any officer designated in subdivisions 1 through 4.
Code 1950, § 8-59; 1954, c. 23; 1956, c. 432; 1958, c. 13; 1976, c. 395; 1977, c. 617; 1980, c. 732; 1985, c. 416; 2018, c. 474.
Notes of Decisions
Cited in
16
cases (
3 in the last 5 years), 1992–2025 · leading case:
Miller v. Highland Cnty., 650 S.E.2d 532 (Va. 2007).
Miller v. Highland Cnty., 650 S.E.2d 532 (Va. 2007).
· cites it 7× “Those provisions of Code § 8.01-300 specify that when an action is filed against a county, service of process generally is made on its county attorney.”
In Re IBIS Corp., 272 B.R. 883 (Bankr. E.D. Va. 2001).
“Service of process on a Virginia city, county or town is governed by § 8.01-300 of the Code of Virginia. Service is made upon the city, county or town attorney if there is such a position, otherwise on the mayor, manager or trustee of a town or *894 city, or in the case of a…”
Pearson v. Brown, 45 Va. Cir. 352 (Fairfax Cir. Ct. 1998).
· cites it 14× “In the case at bar, the Defendant argues that since he is a Fairfax County Police Officer, service must comply with Va. Code § 8.01-300. Virginia Code § 8.01-300(4) provides: If the case be against a supervisor, county officer, employee or agent of the county board, arising out…”
Tarpley v. City of Martinsville, 82 Va. Cir. 222 (Martinsville Cir. Ct. 2011).
· cites it 6× “The plaintiff also requested service of process on the City Manager and Mayor, who received copies of the pleading on November 24th and December 13th respectively; however, in delivering process to these officials, the plaintiff failed to obtain valid service of process on the…”
Nguyen v. Long, 60 Va. Cir. 168 (2002).
“A Motion to Quash for failure to comply with § 8.01-300(4) was granted, and Plaintiff was allowed leave to file an Alias Warrant in Debt.”
Willoughby Bay Assocs. v. Zoning Appeals Bd., 45 Va. Cir. 54 (Norfolk Cir. Ct. 1997).
· cites it 6× “” Pursuant to Va. Code § 8.01-300, a party suing a governmental entity which is not a city, town, or county may serve “the director, commissioner, chief administrative officer, attorney, or any member of the governing body of such an entity.”
Mayo v. Cnty. of Prince George Virginia (E.D. Va. 2023).
· cites it 2× “Va. Code Ann. § 8.01-300 (2). In this case, Plaintiff neither served the county’s chief executive officer nor the County Attorney.”
Chester v. Beyeler, 79 Va. Cir. 642 (Augusta Cir. Ct. 2009).
· cites it 3× “Va. Code § 8.01-300 requires service on the County Attorney if the plaintiff sues either the County or an individual member of the Board if the action arises “out of official actions of such supervisor.”
Gaskin v. Capital Region Airport Comm'n, 45 Va. Cir. 212 (Richmond County Cir. Ct. 1998).
· cites it 4× “The fallacy in the argument is that § 8.01-300 does not deal with a defendant appointing anyone for service.”
Michael Grecco Prods., Inc. v. Black Connections LLC (E.D. Va. 2024).
“1, process may be served on a corporation or limited liability company created by the laws of the Commonwealth as follows: 1. By personal service on any officer, director, or registered agent of such corporation or on the registered agent of such limited liability company; 2.”
— Va. Code Ann. § 8.01-300(1) — 1 case
— Va. Code Ann. § 8.01-300(2) — 1 case
Miller v. Highland Cnty., 650 S.E.2d 532 (Va. 2007).
“Those provisions of Code § 8.01-300 specify that when an action is filed against a county, service of process generally is made on its county attorney.”
— Va. Code Ann. § 8.01-300(3) — 3 cases
Miller v. Highland Cnty., 650 S.E.2d 532 (Va. 2007).
“Those provisions of Code § 8.01-300 specify that when an action is filed against a county, service of process generally is made on its county attorney.”
Gaskin v. Capital Region Airport Comm'n, 45 Va. Cir. 212 (Richmond County Cir. Ct. 1998).
“The fallacy in the argument is that § 8.01-300 does not deal with a defendant appointing anyone for service.”
— Va. Code Ann. § 8.01-300(4) — 2 cases
Pearson v. Brown, 45 Va. Cir. 352 (Fairfax Cir. Ct. 1998).
“In the case at bar, the Defendant argues that since he is a Fairfax County Police Officer, service must comply with Va. Code § 8.01-300. Virginia Code § 8.01-300(4) provides: If the case be against a supervisor, county officer, employee or agent of the county board, arising out…”
Nguyen v. Long, 60 Va. Cir. 168 (2002).
“A Motion to Quash for failure to comply with § 8.01-300(4) was granted, and Plaintiff was allowed leave to file an Alias Warrant in Debt.”
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