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§ 8.01-261.Category A or preferred venue.

Chapter 5. Venue · Last amended 1993 · Last verified July 16, 2026

In one sentenceSection 8.01-261 lists Virginia’s “Category A” preferred venues — specific counties or cities designated for particular kinds of actions, from administrative-law appeals and land disputes to tax collection, quo warranto, injunctions, attorney disbarment, Tort Claims Act suits, and divorce — and venue laid anywhere else in those actions is subject to objection.

Full Text of § 8.01-261

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In the actions listed in this section, the forums enumerated shall be deemed preferred places of venue and may be referred to as "Category A" in this title. Venue laid in any other forum shall be subject to objection; however, if more than one preferred place of venue applies, any such place shall be a proper forum. The following forums are designated as places of preferred venue for the action specified:
1. In actions for review of, appeal from, or enforcement of state administrative regulations, decisions, or other orders:
a. If the moving or aggrieved party is other than the Commonwealth or an agency thereof, then the county or city wherein such party:
(1) Resides;
(2) Regularly or systematically conducts affairs or business activity; or
(3) Wherein such party's property affected by the administrative action is located.
b. If the moving or aggrieved party is the Commonwealth or an agency thereof, then the county or city wherein the respondent or a party defendant:
(1) Resides;
(2) Regularly or systematically conducts affairs or business activity; or
(3) Has any property affected by the administrative action.
c. If subdivisions 1 a and 1 b do not apply, then the county or city wherein the alleged violation of the administrative regulation, decision, or other order occurred.
2. Except as provided in subdivision 1 of this section, where the action is against one or more officers of the Commonwealth in an official capacity, the county or city where any such person has his official office.
3. The county or city wherein the subject land, or a part thereof, is situated in the following actions:
a. To recover or partition land;
b. To subject land to a debt;
c. To sell, lease, or encumber the land of persons under disabilities;
d. [Repealed.] e. To sell wastelands; f. To establish boundaries;
g. For unlawful entry or detainer; h. For ejectment; or i. To remove clouds on title. 4. [Reserved.] 5. In actions for writs of mandamus, prohibition, or certiorari, except such as may be issued by the Supreme Court, the county or city wherein is the record or proceeding to which the writ relates. 6. In actions on bonds required for public contract, the county or city in which the public project, or any part thereof, is situated. 7. In actions to impeach or establish a will, the county or city wherein the will was probated, or, if not probated at the time of the action, where the will may be properly offered for probate. 8., 9. [Repealed.]
10. In actions on any contract between a transportation district and a component government, any county or city any part of which is within such transportation district.
11. In attachments, a. With reference to the principal defendant and those liable with or to him, venue shall be determined as if the principal defendant were the sole defendant; or
b. In the county or city in which the principal defendant has estate or has debts owing to him. 12. [Repealed.] 13. a. In any action for the collection of state, county, or municipal taxes, any one of the following counties or cities shall be deemed preferred places of venue: (1) Wherein the taxpayer resides; (2) Wherein the taxpayer owns real or personal property; (3) Wherein the taxpayer has a registered office, or regularly or systematically conducts business; or
(4) In case of withdrawal from the Commonwealth by a delinquent taxpayer, wherein venue was proper at the time the taxes in question were assessed or at the time of such withdrawal.
b. In any action for the correction of an erroneous assessment of state taxes and tax refunds, any one of the following counties or cities shall be deemed preferred places of venue:
(1) Wherein the taxpayer resides; (2) Wherein the taxpayer has a registered office or regularly or systematically conducts business; (3) Wherein the taxpayer's real or personal property involved in such a proceeding is located; or
(4) The Circuit Court of the City of Richmond.
14. In proceedings by writ of quo warranto:
a. The city or county wherein any of the defendants reside;
b. If the defendant is a corporation, the city or county where its registered office is or where its mayor, rector, president, or other chief officer resides; or
c. If there is no officer or none of the defendants reside in the Commonwealth, venue shall be in the City of Richmond.
15. In proceedings to award an injunction:
a. To any judgment or judicial proceeding of a circuit court, venue shall be in the court in the county or city in which the judgment was rendered or such proceeding is pending;
b. To any judgment or judicial proceeding of a district court, venue shall be in the circuit court of the county or city in which the judgment was rendered or such proceeding is pending; or
c. To any other act or proceeding, venue shall be in the circuit court of the county or city in which the act is to be done, or being done, or is apprehended to be done or the proceeding is pending.
16. [Repealed.]
17. In disbarment or suspension proceedings against any attorney-at-law, in the county or city where the defendant:
a. Resides;
b. Has his principal office or place of practice when the proceeding is commenced;
c. Resided or had such principal office or place of practice when any misconduct complained of occurred; or
d. Has any pending case as to which any misconduct took place.
18. In actions under the Virginia Tort Claims Act, Article 18.1 (§ 8.01-195.1 et seq.) of Chapter 3 of this title:
a. The county or city where the claimant resides;
b. The county or city where the act or omission complained of occurred; or
c. If the claimant resides outside the Commonwealth and the act or omission complained of occurred outside the Commonwealth, the City of Richmond.
19. In suits for annulment, affirmance, or divorce, the county or city in which the parties last cohabited, or at the option of the plaintiff, in the county or city in which the defendant resides, if a resident of this Commonwealth, and in cases in which an order of publication may be issued against the defendant under § 8.01-316, venue may also be in the county or city in which the plaintiff resides.
20. In distress actions, in the county or city when the premises yielding the rent, or some part thereof, may be or where goods liable to distress may be found.

Plain-English Summary

Category A venue is Virginia’s most specific tier: for the particular kinds of actions listed in § 8.01-261, the statute names the exact county or city, or a short list of them, where the case belongs, rather than leaving venue to a general set of factors. Subdivision 1 sends administrative-law appeals to the forum tied to the aggrieved party’s residence or business, or, if the Commonwealth is the moving party, to the respondent’s forum. Subdivision 3 sends land disputes — recovering or partitioning land, unlawful entry and detainer, ejectment, boundary actions — to the county or city where the land sits.

Later subdivisions cover a wide range of specialized proceedings: bonds on public contracts, actions to probate or impeach a will, transportation-district contracts, attachments, tax collection and refund suits — the latter naming the Richmond circuit court as one of several co-equal preferred venues, not a fallback of last resort — quo warranto, injunctions against judgments or other acts, attorney disbarment or suspension, Virginia Tort Claims Act suits, divorce and annulment, and distress actions for rent. Each subdivision picks the forum with the closest practical connection to that specific kind of dispute — where land lies, where an officer serves, where a will was probated.

When more than one preferred forum applies to the same action, any of them is proper. But venue laid anywhere outside the forums this section lists is subject to objection under § 8.01-264 — Category A is meant to control unless a party fails to object in time.

Frequently Asked Questions

What does it mean for a venue to be “Category A” under Virginia law?

It means the forum is a designated preferred place of venue under § 8.01-261 for the specific type of action listed, and venue laid elsewhere is subject to objection.

Where must a Virginia lawsuit to recover or partition land be filed?

In the county or city wherein the subject land, or part of it, is situated, under subdivision 3 of § 8.01-261.

Where is preferred venue for a suit to impeach or establish a will?

The county or city where the will was probated, or, if not yet probated, where it may properly be offered for probate.

What if more than one Category A forum applies to the same action?

Any of the applicable preferred forums is a proper place of venue when more than one applies.

Where does § 8.01-261 place preferred venue for a divorce or annulment suit?

The county or city where the parties last cohabited, or, at the plaintiff’s option, where the defendant resides if the defendant lives in Virginia, with additional options if an order of publication under § 8.01-316 may issue.

Amendment History

1977, c. 617; 1978, c. 334; 1979, c. 331; 1985, c. 433; 1987, c. 567; 1988, c. 766; 1989, c. 556; 1990, c. 831; 1993, c. 841.

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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