CODE OF VIRGINIA

SERVICE OF PROCESS; WAIVER, DUTY TO SAVE COSTS, REQUEST TO WAIVE, HOW SERVED (§
8.01-286.1)

A. In an action pending in general district court or circuit court, the
plaintiff may notify a defendant of the commencement of the action and request
that the defendant waive service of process as provided in subsection B. Any
person subject to service as set forth in § 8.01-296, 8.01-299, §§ 8.01-301
through 8.01-306 or § 8.01-320, with the exception of the Secretary of the
Commonwealth and the Clerk of the State Corporation Commission, who receives
actual notice of an action in the manner provided in this section, has a duty to
avoid any unnecessary costs of serving process.

B. The notice and request shall incorporate the request for waiver and shall:

   1.  Be in writing and shall be addressed directly to the defendant, if an
   individual, or else to an officer, director or registered agent authorized by
   appointment or law to receive service of process of a defendant subject to
   service under § 8.01-299, §§ 8.01-301 through 8.01-306 or § 8.01-320;

   2.  Be dispatched through first-class mail or other reliable means;

   3.  Be accompanied by a copy of the motion for judgment, bill of complaint or
   other such initial pleading and identify the court in which it has been filed;

   4.  Inform the defendant, by means of a form provided by Executive Secretary
   of the Supreme Court, of the consequences of compliance and failure to comply
   with the request;

   5.  Set forth the date on which the request is sent;

   6.  Allow the defendant a reasonable time to return the waiver, which shall be
   no more than 30 days from the date on which the request is sent, or 60 days
   from that date if the defendant’s address is outside the Commonwealth;
   and

   7.  Provide the defendant with an extra copy of the notice and request, as
   well as a prepaid means of compliance in writing.If a defendant fails to
   comply with a request for waiver made by a plaintiff, the court shall impose
   the costs subsequently incurred in effecting service on the defendant unless
   good cause for the failure is shown.

C. A defendant that, before being served with process, timely returns a waiver
so requested is not required to serve a grounds of defense or other responsive
pleading to the motion for judgment or other initial pleading until 60 days
after the date on which the request for waiver of service was sent, or 90 days
after that date if the defendant’s address was outside the Commonwealth.

D. When the plaintiff files a waiver of service with the court, the action shall
proceed as if a notice and motion for judgment or other initial pleading had
been served at the time of filing the waiver, and no proof of service shall be
required.

E. The costs to be imposed on a defendant for failure to comply with a request
to waive service of a summons shall include the costs subsequently incurred in
effecting service under § 8.01-299, §§ 8.01-301 through 8.01-306 or §
8.01-320, together with the costs, including reasonable attorneys’ fees,
of any motion required to collect the costs of service. This provision does not
apply to the Commissioner of the Department of Motor Vehicles, the Secretary of
the Commonwealth or the Clerk of the State Corporation Commission.

F. A defendant who waives service of process pursuant to this section does not
thereby waive any objection to the venue or to the jurisdiction of the court
over the person of that defendant, or to any other defense or objection other
than objections based on inadequacy of process or service of process.

HISTORY: 2005, c. 866; 2011, c. 766.