CODE OF VIRGINIA

OBJECTIONS TO PERSONAL JURISDICTION OR DEFECTIVE PROCESS; WHAT CONSTITUTES
WAIVER (§ 8.01-277.1)

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.

HISTORY: 2011, c. 710.