§ 8.01-300.How process served on municipal and county governments and on quasi-governmental entities.
Chapter 8. Process · Article 4. Who to Be Served · Last amended 2018 · Last verified July 16, 2026
In one sentenceSection 8.01-300 replaces the ordinary corporate-service rules for municipal and county governments and quasi-governmental bodies, directing service on the city or town attorney or mayor, the county attorney or commonwealth's attorney, or the relevant officer, attorney, or governing-body member, and allowing the copy to be left with the person in charge of that official's office.
Notwithstanding the provisions of § 8.01-299 for service of process on other domestic corporations, process shall be served on municipal and county governments and quasi-governmental bodies or agencies in the following manner:
1.If the case be against a city or a town, on its city or town attorney in those cities or towns which have created such a position, otherwise on its mayor, manager or trustee of such town or city; and
2.If the case be against a county, on its county attorney in those counties which have created such a position, otherwise on its attorney for the Commonwealth; and
3.If the case be against any political subdivision, or any other public governmental entity created by the laws of the Commonwealth and subject to suit as an entity separate from the Commonwealth, then on the director, commissioner, chief administrative officer, attorney, or any member of the governing body of such entity; and
4.If the case be against a supervisor, county officer, employee, or agent of the county board, arising out of official actions of such supervisor, officer, employee, or agent, then, in addition to the person named defendant in the case, on the county attorney, if the county has a county attorney, and if there is no county attorney, on the clerk of the county board.
Service under this section may be made by leaving a copy with the person in charge of the office of any officer designated in subdivisions 1 through 4.
Plain-English Summary
Ordinary corporations are served under § 8.01-299, but Section 8.01-300 carves out a separate path for government defendants. If the case is against a city or town, process goes to its city or town attorney where that position exists, or otherwise to its mayor, manager, or trustee. If the case is against a county, process goes to its county attorney where that position exists, or otherwise to its attorney for the Commonwealth.
For any other political subdivision or public governmental entity that can be sued separately from the Commonwealth, process may go to the director, commissioner, chief administrative officer, attorney, or any member of the governing body. And when the suit concerns a county supervisor, officer, employee, or agent sued over official actions, process must go both to that individual and to the county attorney, or to the clerk of the county board if the county has no county attorney.
Across every one of these categories, the section allows service by leaving a copy with the person in charge of the designated officer's office, so a plaintiff does not need to track down the official in person to complete valid service.
Frequently Asked Questions
Who is served when suing a Virginia city or town?
The city or town attorney, where that position exists, or otherwise the mayor, manager, or trustee of the town or city.
Who is served when suing a Virginia county?
The county attorney, where that position exists, or otherwise the attorney for the Commonwealth.
How is a political subdivision or quasi-governmental entity served?
On the director, commissioner, chief administrative officer, attorney, or any member of the governing body of that entity.
What about suing a county supervisor or employee over official actions?
Process must be served on that individual and also on the county attorney, or on the clerk of the county board if the county has no county attorney.
Can process be left with someone else in the office rather than the named official personally?
Yes. Service under this section may be made by leaving a copy with the person in charge of the office of any of the designated officers.
Amendment History
Code 1950, § 8-59; 1954, c. 23; 1956, c. 432; 1958, c. 13; 1976, c. 395; 1977, c. 617; 1980, c. 732; 1985, c. 416; 2018, c. 474.
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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