Virginia

Decoded

§ 8.01-326

Return as proof of service

No return shall be conclusive proof as to service of process. The return of a sheriff shall be prima facie evidence of the facts therein stated, and the return of a qualified individual under subdivision 2 of § 8.01-293 shall be evidence of the facts stated therein.

History

1977, c. 627.

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Court Decisions

Atkins v. Rice (SCV, 09/12/03)
. . . February 25, 2002. Therefore, pursuant to Code § 8.01-326.1,[2] service of process upon Atkins was . . .
Morton v. Meagher (District Court, E.D. Virginia, 10/19/01)
. . . , as permitted by the Code of Virginia Section 8.01-326.1. Under that statute, the Commissioner is a . . .
Bellis v. Com. (SCV, 03/01/91)
. . . sheriff's return is prima facie correct. Code § 8.01-326. The return gives rise to a rebuttable . . .
White v. Lively (District Court, W.D. Virginia, 02/12/04)
. . . in which the action is pending. Va.Code Ann. § 8.01-326.1. While the interpretation of the removal . . .

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