A. Venue laid in forums other than those designated by this chapter shall be subject to objection, but no action shall be dismissed solely on the basis of venue if there be a forum in the Commonwealth where venue is proper. In actions where venue is subject to objection, the action may nevertheless be tried where it is commenced, and the venue irregularity shall be deemed to have been waived unless the defendant objects to venue by motion filed, as to actions in circuit courts, within twenty-one days after service of process commencing the action, or within the period of any extension of time for filing responsive pleadings fixed by order of the court. As to actions in general district courts, a motion objecting to venue, which may be in the form of a letter or other written communication, shall be filed with or received by the court on or before the day of trial. Waiver by any defendant shall not constitute waiver for any other defendant entitled to object to venue. Such motion shall set forth where the defendant believes venue to be proper, may be in writing, and shall be promptly heard by the court upon reasonable notice by any party. The court shall hear the motion only on the basis of the action as commenced against the original defendant and not on the basis of subsequent joinder or intervention of any other party. If such motion is sustained, the court shall order the venue transferred to a proper forum under the appropriate provisions of §§ 8.01-195.4, 8.01-260, 8.01-261 and 8.01- 262 and shall so notify each party.
§ 8.01-264.Venue improperly laid; objection.
Chapter 5. Venue · Last amended 1991 · Last verified July 16, 2026
In one sentenceSection 8.01-264 lets a defendant object to improper venue by motion — within 21 days after service in circuit court, or by trial day in general district court — but bars outright dismissal when a proper Virginia forum exists, treats a missed deadline as waiver, and lets the court transfer a sustained objection to a proper forum.
Full Text of § 8.01-264
B. In the event a party defendant whose presence created venue is dismissed after the parties are at issue, then the remaining parties defendant may object to venue within ten days after such dismissal if the remaining defendants can demonstrate that the dismissed defendant was not properly joined or was added as a party defendant for the purpose of creating venue. However, nothing in this section shall impair the right of the court under § 8.01-265 to retain the action for trial on motion of a plaintiff and for good cause shown.
C. The initial pleading, in any action brought in a general district court, shall inform the defendant of his right to object to venue if the action is brought in any forum other than that specified in §§ 8.01-261, 8.01-262, or § 8.01- 263. The information to the defendant shall be stated in clear, nontechnical language reasonably calculated to accomplish the purpose of this subsection.
D. Where a suit described in subdivision 19 of § 8.01-261 is filed in a venue that is not described therein, the court, on its own motion and upon notice to all parties, may transfer the suit to a venue described in such subdivision
provided the transfer is implemented within sixty days after service of process upon all parties.
Plain-English Summary
Getting venue wrong in Virginia is rarely fatal to a case. Section 8.01-264 says venue laid outside the forums Chapter 5 designates is subject to objection, but no action can be dismissed solely for improper venue if any Virginia forum would be proper — the remedy is transfer, not dismissal. A defendant who wants to object has to move quickly: within 21 days after service of process in a circuit court action, or any extension the court grants for responsive pleadings, or, in general district court, by the day of trial. Miss that window, and the irregularity is waived, for that defendant only, since one defendant’s waiver does not bind co-defendants who still want to object.
Subsection B addresses a specific wrinkle: if the defendant whose presence created venue gets dismissed after the parties are at issue, the remaining defendants get ten more days to object, but only if they can show the dismissed defendant was not properly joined or was added just to manufacture venue. Subsection C requires general district court pleadings to tell defendants, in clear language, about their right to object. Subsection D adds a court-initiated safety valve for divorce and annulment suits filed in the wrong venue under subdivision 19 of § 8.01-261, letting the court transfer the case on its own motion within sixty days of service on all parties.
Frequently Asked Questions
Will a Virginia lawsuit be dismissed just because it was filed in the wrong venue?
No. Section 8.01-264(A) says no action shall be dismissed solely on the basis of venue if there is a Virginia forum where venue is proper; the court instead transfers the case.
How long does a defendant have to object to venue in a circuit court case?
Within 21 days after service of process commencing the action, or within any extension of time for responsive pleadings the court has granted.
What happens if a defendant does not object to venue in time?
The venue irregularity is deemed waived as to that defendant, though waiver by one defendant does not waive the right of any other defendant entitled to object.
What can happen if a venue-creating defendant is later dismissed from the case?
The remaining defendants may object to venue within ten days of that dismissal if they can show the dismissed defendant was not properly joined or was added to create venue.
Does a general district court pleading have to tell a defendant about the right to object to venue?
Yes. Subsection C requires the initial pleading to inform the defendant of that right in clear, nontechnical language.
Amendment History
1977, c. 617; 1982, c. 601; 1985, cc. 433, 492; 1986, cc. 396, 403; 1987, c. 709; 1991, c. 692.
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
Also known as: how to object to venue in virginiavirginia venue objection deadline8.01-264 explainedvirginia motion to transfer venue time limitimproper venue dismissal virginia lawsuit