2006 Code of Virginia § 8.01-286.1 - Service of process; waiver, duty to save costs, request to waive, how served

8.01-286.1. Service of process; waiver, duty to save costs, request towaive, how served.

A. In an action pending in circuit court, the plaintiff may notify adefendant of the commencement of the action and request that the defendantwaive service of process as provided in subsection B. Any person subject toservice 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 theClerk of the State Corporation Commission, who receives actual notice of anaction in the manner provided in this section, has a duty to avoid anyunnecessary 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 anindividual, or else to an officer, director or registered agent authorized byappointment or law to receive service of process of a defendant subject toservice 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 orother 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 Secretaryof the Supreme Court, of the consequences of compliance and failure to complywith 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 beno more than 30 days from the date on which the request is sent, or 60 daysfrom 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, aswell 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 serviceon the defendant unless good cause for the failure is shown.

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

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

E. The costs to be imposed on a defendant for failure to comply with arequest to waive service of a summons shall include the costs subsequentlyincurred in effecting service under 8.01-299, 8.01-301 through 8.01-306or 8.01-320, together with the costs, including reasonable attorneys' fees,of any motion required to collect the costs of service. This provision doesnot apply to the Commissioner of the Department of Motor Vehicles, theSecretary of the Commonwealth or the Clerk of the State CorporationCommission.

F. A defendant who waives service of process pursuant to this section doesnot thereby waive any objection to the venue or to the jurisdiction of thecourt over the person of that defendant, or to any other defense or objectionother than objections based on inadequacy of process or service of process.

(2005, c. 866.)

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