2006 Code of Virginia § 8.01-294 - Sheriff to get from clerk\'s office process and other papers; return of papers; effect of late retur...

8.01-294. Sheriff to get from clerk's office process and other papers;return of papers; effect of late return.

Every sheriff who attends a court shall, every day when the clerk's office isopen for business, go to such office and receive all process, and otherpapers to be served by him, and give receipts therefor, unless he hasreceived notice from a regular employee of the clerk's office that there areno such papers requiring service and shall return all papers within 72 hoursof service, except when such returns would be due on a Saturday, Sunday, orlegal holiday. In such case, the return is due on the next day following suchSaturday, Sunday, or legal holiday.

Failure to make return of service of process by anyone authorized to serveprocess under 8.01-293 within the time specified in this section shall notinvalidate any service of process or any judgment based thereon. In the eventa late return prejudices a party or interferes with the court'sadministration of a case, the court may, in its discretion, continue thecase, require additional or substitute service of process, or take such otheraction or enter such order as the court deems appropriate under thecircumstances.

(Code 1950, 8-49; 1954, c. 545; 1977, c. 617; 1978, c. 831; 2002, c. 65;2004, c. 627.)

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