Whenever on the calling or during the trial of a civil case in any court it appears to the court that it is necessary to have a witness from a county or city other than that of trial, the summons, rule, or attachment issued for such witness from the trial court may, when the court so orders, be executed by its officers in any county or city of the Commonwealth, for which services the officer shall be allowed a reasonable compensation by the court.
§ 8.01-409.When court may have process for witness executed by its own officer in another county or city.
Chapter 14. Evidence · Article 5. Compelling Attendance of Witnesses, Etc · Last amended 1977 · Last verified July 16, 2026
In one sentenceWhen it becomes necessary during a civil trial to summon a witness located in a different county or city, this section lets the trial court order its own officers to execute that summons, rule, or attachment anywhere in the Commonwealth, and directs the court to compensate the officer reasonably for that out-of-jurisdiction service.
Full Text of § 8.01-409
Plain-English Summary
Ordinarily, a court’s officers serve process within their own territory, and reaching a witness elsewhere means routing the paperwork through that other locality’s officers. Section 8.01-409 offers a shortcut when speed matters — say, a witness turns out to be needed mid-trial and there is no time for the usual inter-jurisdictional handoff.
If it appears to the court, either when the case is called or during the trial itself, that a necessary witness is located in a different county or city, the court can order its own officers to go execute the summons, rule, or attachment in that other jurisdiction directly, rather than relying on local officers there.
The section also addresses who covers the extra travel: the officer carrying out that out-of-jurisdiction service is entitled to reasonable compensation from the court, recognizing that serving process outside one’s normal territory takes more time and effort than a routine local service.
Frequently Asked Questions
Can a court send its own officer to another county to serve a witness summons?
Yes, whenever it appears to the court, when the case is called or during trial, that a witness located in another county or city is necessary, the court may order the summons, rule, or attachment executed by its own officers in any county or city of the Commonwealth.
Is this limited to the start of the case, or can it happen mid-trial?
It applies both on the calling of the case and during the trial itself.
Does the officer get paid extra for serving process outside the usual jurisdiction?
Yes, the officer shall be allowed reasonable compensation by the court for that service.
What kinds of process can be executed this way?
The section covers a summons, rule, or attachment issued for the witness.
Does the court have to order this, or does it happen automatically?
The court must so order — the section states the process “may, when the court so orders, be executed” by the court’s own officers elsewhere.
Amendment History
Code 1950, § 8-299; 1977, c. 617.
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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