The provisions of this chapter relate to venue -- the place of trial -- and are not jurisdictional. No order, judgment, or decree shall be voidable, avoided, or subject to collateral attack solely on the ground that there was improper venue; however, nothing herein shall affect the right to appeal an error of court concerning venue.
§ 8.01-258.Venue not jurisdictional.
Chapter 5. Venue · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-258 makes clear that Virginia’s venue rules govern only the place of trial, not a court’s power to hear a case, so no judgment can be voided or collaterally attacked solely because venue was improper — though a party may still appeal a venue ruling.
Full Text of § 8.01-258
Plain-English Summary
Section 8.01-258 draws a sharp line between venue and jurisdiction. Venue is about where a case gets tried; jurisdiction is about whether a court has the power to try it at all. This section confirms that Chapter 5’s rules belong to the first category, not the second.
The practical payoff is stability. A judgment, order, or decree entered in the wrong venue is still valid — it cannot be declared void, treated as voidable, or attacked collaterally, meaning challenged in a later, separate proceeding, just because the trial happened in the wrong county or city. A party unhappy with a venue ruling has one avenue open: a direct appeal of that error, taken in the case itself, rather than a later challenge to the judgment’s validity.
Frequently Asked Questions
Can a Virginia judgment be thrown out later because it was tried in the wrong venue?
No. Section 8.01-258 says no order, judgment, or decree is voidable or subject to collateral attack solely because venue was improper.
Is venue the same thing as a court’s jurisdiction over a case?
No. The section states that venue rules relate to the place of trial and are not jurisdictional.
If a case was tried in the wrong venue, is there any way to challenge it?
Yes. The section preserves the right to appeal an error of the court concerning venue, even though the judgment itself cannot be collaterally attacked.
What is a “collateral attack” in this context?
The section refers to attempts to void a judgment on improper-venue grounds outside the original case, such as in a later, separate proceeding; it bars that kind of attack based on venue alone.
Does this section apply to every kind of court order concerning venue?
Its language covers any order, judgment, or decree, protecting all three from being voided or collaterally attacked solely on improper-venue grounds.
Amendment History
1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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