Service of process in an action or suit within twelve months of commencement of the action or suit against a defendant shall be timely as to that defendant. Service of process on a defendant more than twelve months after the suit or action was commenced shall be timely upon a finding by the court that the plaintiff exercised due diligence to have timely service made on the defendant.
§ 8.01-275.1.When service of process is timely.
Chapter 7. Civil Actions; Commencement, Pleadings, and Motions · Article 2. Pleadings Generally · Last amended 1994 · Last verified July 16, 2026
In one sentenceSection 8.01-275.1 deems service of process timely if made within twelve months of commencing the action, and, beyond that twelve-month window, timely only if the court finds the plaintiff exercised due diligence to achieve timely service on the defendant.
Full Text of § 8.01-275.1
Plain-English Summary
Section 8.01-275.1 sets Virginia’s baseline clock for serving a defendant after a case is filed. Service made within twelve months of commencing the action or suit is timely as to that defendant, full stop, no further showing is required.
Service after that twelve-month mark is not automatically untimely, but it is no longer timely by default either. The plaintiff has to clear an additional hurdle: the court must find that the plaintiff exercised due diligence to have timely service made on the defendant. That due-diligence finding is what § 8.01-277(B) then uses to decide whether a case gets dismissed for failure to serve process within a year.
Frequently Asked Questions
Is service of process within twelve months of filing automatically considered timely in Virginia?
Yes. Section 8.01-275.1 states that service within twelve months of commencement of the action is timely as to that defendant.
What happens if service is made more than twelve months after the case was filed?
It can still be timely, but only upon a finding by the court that the plaintiff exercised due diligence to have timely service made on the defendant.
Who has to show due diligence when service happens after the twelve-month mark?
The plaintiff, since the court’s finding of due diligence is what makes late service timely.
Does § 8.01-275.1 apply to all defendants in a case, or is timeliness assessed defendant by defendant?
The section’s language ties timeliness to service on “that defendant,” so it applies on a defendant-by-defendant basis.
Which other section uses the standard set out in § 8.01-275.1?
Section 8.01-277(B), which governs a motion to dismiss for failure to serve process within a year of commencing the action.
Amendment History
1994, c. 519.
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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