A. Subject to § 8.01-286.1, service of a process on a nonresident person outside the Commonwealth may be made by: (i) any person authorized to serve process in the jurisdiction where the party to be served is located; or (ii) any person 18 years of age or older who is not a party or otherwise interested in the subject matter of the controversy and notwithstanding any other provision of law to the contrary, such person need not be authorized by the circuit court to serve process which commences divorce or annulment actions. When the court can exercise jurisdiction over the nonresident pursuant to § 8.01-328.1, such service shall have the same effect as personal service on the nonresident within Virginia. Such service when no jurisdiction can be exercised pursuant to § 8.01-328.1, or service in accordance with the provisions of subdivision 2 a of § 8.01-296 shall have the same effect, and no other, as an order of publication duly executed, or the publication of a copy of process under this chapter, as the case may be; however, depositions may be taken at any time after 21 days' notice of the taking of the depositions has been personally served. The person so served shall be in default upon his failure to file a pleading in response to original process within 21 days after such service. If no responsive pleading is filed within the time allowed by law, the case may proceed without service of any additional pleadings, including the notice of the taking of depositions.
B. Any personal service of process outside of this Commonwealth executed in such manner as is provided for in this section prior or subsequent to October 1, 1977, in a divorce or annulment action is hereby validated. Personal service of process outside this Commonwealth in a divorce or annulment action may be executed as provided in this section.
Code 1950, § 8-74; 1954, c. 333; 1970, c. 552; 1977, c. 617; 1978, c. 90; 1981, c. 6; 1983, c. 402; 1984, c. 18; 1985, c. 177; 1986, c. 263; 1987, c. 594; 1997, c. 754; 2005, c. 866.
Notes of Decisions
Cited in
22
cases (
1 in the last 5 years), 1984–2021 · leading case:
Frederick v. Koziol, 727 F. Supp. 1019 (E.D. Va. 1990).
Frederick v. Koziol, 727 F. Supp. 1019 (E.D. Va. 1990).
· cites it 18× “It would be an anomalous result to apply Section 8.01-320 to limit service of process under Section 8.”
O'connell v. Bean, 556 S.E.2d 741 (Va. 2002).
· cites it 2× “O’Connell also notes that Bean could have had her personally served with process in the District of Columbia under the provisions of Code § 8.01-320 but chose to use a method of constructive service of process under the long-arm statute.”
Morris v. Morris, 359 S.E.2d 104 (Va. Ct. App. 1987).
· cites it 4× “This position is reinforced by reference to Code § 8.01-320, 2 which provides that when personal service is obtained on a nonres *545 ident outside the Commonwealth, it is equivalent to an order of publication.”
Mitchell v. Mitchell, 314 S.E.2d 45 (Va. 1984).
· cites it 6× “Code § 8.01-320 and its predecessor statute, § 8-74, provide for personal service of process upon a nonresident defendant out of Virginia.”
Gibson v. Gibson, 364 S.E.2d 518 (Va. Ct. App. 1988).
· cites it 2× “Tennessee does provide for in rem jurisdiction over a nonresident defendant based on service of process by an order of publication.”
Dunham v. Hotelera Canco S.A. De C.V., 933 F. Supp. 543 (E.D. Va. 1996).
· cites it 2× “01-296 on the nonresident party by a person authorized under the provisions of § 8.01-320. Jurisdiction trader subdivision 8(iii) of this subsection is valid only upon proof of personal service on a nonresident pursuant to § 8.”
Harrel v. Preston, 421 S.E.2d 676 (Va. Ct. App. 1992).
· cites it 3× “01-296 on the nonresident party by a person authorized under the provision of [Code] § 8.01-320.” Code § 8.01-328.1(A)(9). Personal service of a process on a nonresident person outside the Commonwealth may be made by: (i) any person authorized to serve process in the…”
Perreault v. the Free Lance-Star, 666 S.E.2d 352 (Va. 2008).
“01-296 if a resident of the Commonwealth or as provided in § 8.01-320 if a nonresident, or is otherwise given reasonable notice of the hearing and proposed compromise as may be required by the court.”
Toomey v. Toomey, 454 S.E.2d 735 (Va. Ct. App. 1995).
· cites it 6× “Code § 8.01-320 provides that personal service may be made upon a non-resident person outside the Commonwealth if made by a person listed therein.”
Unknown Father v. Div. of Soc. Servs., 422 S.E.2d 407 (Va. Ct. App. 1992).
“01-296 or § 8.01-320, or (iii) the whereabouts of the parent are not reasonably ascertainable and the parent is given notice of termination proceedings by certified or registered mail to the last known address and such parent fails to object to the proceedings within twenty-one…”
Evans v. Evans (Va. 2021).
· cites it 8× “” Subsection (A)(8)(iii) requires “proof of personal service on a nonresident pursuant to § 8.01-320,” and subsection (A)(9) requires “proof of service of process pursuant to § 8.”
— Va. Code Ann. § 8.01-320(A) — 5 cases
Frederick v. Koziol, 727 F. Supp. 1019 (E.D. Va. 1990).
“It would be an anomalous result to apply Section 8.01-320 to limit service of process under Section 8.”
Harrel v. Preston, 421 S.E.2d 676 (Va. Ct. App. 1992).
“01-296 on the nonresident party by a person authorized under the provision of [Code] § 8.01-320.” Code § 8.01-328.1(A)(9). Personal service of a process on a nonresident person outside the Commonwealth may be made by: (i) any person authorized to serve process in the…”
Evans v. Evans (Va. 2021).
“” Subsection (A)(8)(iii) requires “proof of personal service on a nonresident pursuant to § 8.01-320,” and subsection (A)(9) requires “proof of service of process pursuant to § 8.”
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