2006 Code of Virginia § 8.01-264 - Venue improperly laid; objection

8.01-264. Venue improperly laid; objection.

A. Venue laid in forums other than those designated by this chapter shall besubject to objection, but no action shall be dismissed solely on the basis ofvenue if there be a forum in the Commonwealth where venue is proper. Inactions where venue is subject to objection, the action may nevertheless betried where it is commenced, and the venue irregularity shall be deemed tohave been waived unless the defendant objects to venue by motion filed, as toactions in circuit courts, within twenty-one days after service of processcommencing the action, or within the period of any extension of time forfiling responsive pleadings fixed by order of the court. As to actions ingeneral district courts, a motion objecting to venue, which may be in theform of a letter or other written communication, shall be filed with orreceived by the court on or before the day of trial. Waiver by any defendantshall not constitute waiver for any other defendant entitled to object tovenue. Such motion shall set forth where the defendant believes venue to beproper, may be in writing, and shall be promptly heard by the court uponreasonable notice by any party. The court shall hear the motion only on thebasis of the action as commenced against the original defendant and not onthe basis of subsequent joinder or intervention of any other party. If suchmotion is sustained, the court shall order the venue transferred to a properforum under the appropriate provisions of 8.01-195.4, 8.01-260, 8.01-261and 8.01-262 and shall so notify each party.

B. In the event a party defendant whose presence created venue is dismissedafter the parties are at issue, then the remaining parties defendant mayobject to venue within ten days after such dismissal if the remainingdefendants can demonstrate that the dismissed defendant was not properlyjoined or was added as a party defendant for the purpose of creating venue.However, nothing in this section shall impair the right of the court under 8.01-265 to retain the action for trial on motion of a plaintiff and for goodcause shown.

C. The initial pleading, in any action brought in a general district court,shall inform the defendant of his right to object to venue if the action isbrought in any forum other than that specified in 8.01-261, 8.01-262, or 8.01-263. The information to the defendant shall be stated in clear,nontechnical language reasonably calculated to accomplish the purpose of thissubsection.

D. Where a suit described in subdivision 19 of 8.01-261 is filed in a venuethat is not described therein, the court, on its own motion and upon noticeto all parties, may transfer the suit to a venue described in suchsubdivision provided the transfer is implemented within sixty days afterservice of process upon all parties.

(1977, c. 617; 1982, c. 601; 1985, cc. 433, 492; 1986, cc. 396, 403; 1987, c.709; 1991, c. 692.)