2006 Code of Virginia § 8.01-320 - Personal service outside of Virginia

8.01-320. Personal service outside of Virginia.

A. Subject to 8.01-286.1, service of a process on a nonresident personoutside the Commonwealth may be made by: (i) any person authorized to serveprocess in the jurisdiction where the party to be served is located; or (ii)any person 18 years of age or older who is not a party or otherwiseinterested in the subject matter of the controversy and notwithstanding anyother provision of law to the contrary, such person need not be authorized bythe circuit court to serve process which commences divorce or annulmentactions. When the court can exercise jurisdiction over the nonresidentpursuant to 8.01-328.1, such service shall have the same effect as personalservice on the nonresident within Virginia. Such service when no jurisdictioncan be exercised pursuant to 8.01-328.1, or service in accordance with theprovisions of subdivision 2 a of 8.01-296 shall have the same effect, andno other, as an order of publication duly executed, or the publication of acopy of process under this chapter, as the case may be; however, depositionsmay be taken at any time after 21 days' notice of the taking of thedepositions has been personally served. The person so served shall be indefault upon his failure to file a pleading in response to original processwithin 21 days after such service. If no responsive pleading is filed withinthe time allowed by law, the case may proceed without service of anyadditional pleadings, including the notice of the taking of depositions.

B. Any personal service of process outside of this Commonwealth executed insuch manner as is provided for in this section prior or subsequent to October1, 1977, in a divorce or annulment action is hereby validated. Personalservice of process outside this Commonwealth in a divorce or annulment actionmay be executed as provided in this section.

(Code 1950, 8-74; 1954, c. 333; 1970, c. 552; 1977, c. 617; 1978, c. 90;1981, c. 6; 1983, c. 402; 1984, c. 18; 1985, c. 177; 1986, c. 263; 1987, c.594; 1997, c. 754; 2005, c. 866.)

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