§ 8.01-287.How process to be served.
Chapter 8. Process · Article 1. In General · Last amended 2024 · Last verified July 16, 2026
Full Text of § 8.01-287
Plain-English Summary
Section 8.01-287 does one job: it points. Once an action starts, this section says process gets served the way Chapter 8 describes — or, if some other part of the Code or the Supreme Court’s rules spells out a different method for a particular kind of case, that method controls instead.
It is a routing statute rather than a set of instructions in itself. The mechanics — who can serve process, how to serve an individual versus a corporation, what to do when someone cannot be found — live in the sections that follow and in rules and statutes scattered elsewhere in the Code.
Its value is in stating the default plainly: absent some other specific provision, Chapter 8 is where to look.
Frequently Asked Questions
What does § 8.01-287 itself require about how to serve a defendant?
It directs that process be served in the manner set forth in Chapter 8, or as specified elsewhere in the Code and by the Rules of the Supreme Court, without itself detailing the mechanics of service.
When does the requirement to serve process under this section begin?
It applies “upon commencement of an action,” tying the duty to serve process to the start of the case.
What if another Code section or Supreme Court rule sets a different method of service for a specific case?
That other provision controls, since § 8.01-287 allows service “as specified elsewhere in the Code and by the Rules of the Supreme Court.”
Does § 8.01-287 apply to every civil action in Virginia?
It applies generally “upon commencement of an action,” without carving out an exception, though other statutes may prescribe different service methods for particular actions.
Where should someone look to find the specific steps for serving process under this section?
The rest of Chapter 8 of Title 8.01, along with other Code provisions and the Rules of the Supreme Court, since § 8.01-287 itself only points to those sources.
Amendment History
Code 1950, § 8-56; 1952, c. 77; 1954, c. 543; 1977, c. 617; 2024, c. 454.