§ 8.01-594.Notice not required to parties served with process.
Chapter 22. Receivers, General and Special · Article 2. Special Receivers · Last amended 1977 · Last verified July 16, 2026
Full Text of § 8.01-594
Plain-English Summary
The notice article governing receiver appointments assumes a defendant might otherwise be blindsided by a receivership request. This section recognizes that concern evaporates once the defendant has already been served with process. In a suit that has matured and is docketed, where the bill or petition itself prays for the appointment of a receiver, no notice is required under this article to any defendant on whom process to answer that bill or petition has already been served.
The logic is direct: a defendant served with a pleading that asks for a receiver already knows one may be appointed, so a second, separate notice under §§ 8.01-591 through 8.01-593 would only duplicate information the defendant already has.
Frequently Asked Questions
When is notice not required under this article?
When a defendant has been served with process to answer a bill or petition that prays for the appointment of a receiver, in a suit that is matured and docketed.
What must be true of the suit for this exception to apply?
It must be matured and docketed.
What must the bill or petition include for this exception to apply?
A prayer for the appointment of a receiver.
Does this exception apply to defendants who have not yet been served?
No, it applies only to a defendant upon whom process to answer the bill or petition has been served.
Which notice requirements does this section modify?
The notice requirements of this article, meaning §§ 8.01-591 through 8.01-593.
Amendment History
Code 1950, § 8-738; 1977, c. 617.