§ 8.01-314.Service on attorney after entry of general appearance by such attorney.
Chapter 8. Process · Article 4. Who to Be Served · Last amended 1981 · Last verified July 16, 2026
In one sentenceSection 8.01-314 lets process, orders, or other legal papers be served on an attorney who has entered a general appearance for a party, with the same effect as personal service on that party, except that contempt proceedings still require personal service on the party.
Full Text of § 8.01-314
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When an attorney authorized to practice law in this Commonwealth has entered a general appearance for any party, any process, order or other legal papers to be used in the proceeding may be served on such attorney of record. Such service shall have the same effect as if service had been made upon such party personally; provided, however, that in any proceeding in which a final decree or order has been entered, service on an attorney as provided herein shall not be sufficient to constitute personal jurisdiction over a party in any proceeding citing that party for contempt, either civil or criminal, unless personal service is also made on the party.
Provided, further, that if such attorney objects by motion within five days after such legal paper has been so served upon him, the court shall enter an order in the proceeding directing the manner of service of such legal paper.
Plain-English Summary
Once a lawyer has formally appeared for a client, Section 8.01-314 lets the rest of the case run through that lawyer rather than requiring repeated personal service on the client. Any process, order, or other legal paper to be used in the proceeding may be served on the attorney of record, and that service carries the same effect as if it had been made on the party personally.
The section carves out one important exception: in a proceeding where a final decree or order has already been entered, service on the attorney is not enough, by itself, to give the court personal jurisdiction over the party in a contempt proceeding, civil or criminal, unless personal service is also made on the party. And the attorney is not without recourse if he objects to receiving papers this way — if he objects by motion within five days after the paper is served on him, the court must enter an order directing how that legal paper should instead be served.
Frequently Asked Questions
Can legal papers be served on my lawyer instead of me once counsel has appeared?
Yes. Once an attorney has entered a general appearance, service on the attorney has the same effect as personal service on the party.
Does that rule apply to contempt proceedings too?
No. In a proceeding where a final decree or order has been entered, service on the attorney alone is not sufficient to give the court personal jurisdiction over the party for a contempt citation, civil or criminal; personal service on the party is also required.
Can the attorney refuse to accept papers served this way?
The attorney can object by motion within five days of being served, and the court will then enter an order directing the manner of service for that paper.
Does the contempt exception apply at any stage of the case?
It applies specifically in a proceeding in which a final decree or order has already been entered.
What kind of legal papers does this section cover?
Process, orders, or other legal papers to be used in the proceeding.
Amendment History
Code 1950, § 8-69; 1977, c. 617; 1981, c. 495.
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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