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§ 8.01-693.Venue of prisoner actions.

Chapter 27. Virginia Prisoner Litigation Reform Act · Last amended 2002 · Last verified July 16, 2026

In one sentencePrisoner suits under this chapter must be filed in the city or county where the correctional facility that housed the prisoner when the claim arose is located, overriding Virginia’s general venue rules, and a court must transfer any case filed in the wrong venue on a defendant’s motion or on its own initiative.

Full Text of § 8.01-693

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Notwithstanding any other provision of law, no prisoner action shall be filed except in the city or county in which the prison is located where the prisoner was housed when his cause of action arose. When an action is filed in an improper venue, upon motion of the defendant or the court sua sponte, the court shall transfer the case to the proper venue.

Plain-English Summary

Virginia normally gives plaintiffs a menu of proper venues — preferred forums and permissible forums — depending on where a defendant lives or does business, or where events occurred. This section throws that menu out for prisoner suits covered by Chapter 27. It opens with “notwithstanding any other provision of law,” language that signals it displaces the general venue statutes rather than working alongside them.

In their place, the section installs one fixed rule: venue belongs in the city or county where the prison that housed the prisoner when his cause of action arose is located. It does not matter where the prisoner is housed now, where the defendant lives, or where the prisoner would prefer to sue. The effect is to concentrate prisoner litigation in the courts nearest the facilities where the underlying events happened.

When a prisoner files in the wrong place, the section does not let the case be dismissed for it. Instead, on a defendant’s motion or the court’s own initiative, the court must transfer the case to the correct venue, keeping the suit alive while correcting where it belongs.

Frequently Asked Questions

Where must a prisoner file a civil action covered by this chapter?

In the city or county where the correctional facility that housed him when his cause of action arose is located.

Does it matter where the prisoner is housed at the time he files the lawsuit?

No. The section looks to where he was housed when the cause of action arose, not his location at the time of filing.

Does this venue rule override Virginia’s general venue statutes?

Yes. It applies “notwithstanding any other provision of law,” displacing the ordinary preferred and permissible venue categories for actions this chapter covers.

What happens if a prisoner files his case in the wrong venue?

The court must transfer the case to the proper venue, either on the defendant’s motion or on its own initiative.

Can a court dismiss a prisoner’s case only because it was filed in the wrong venue?

No. The section directs transfer to the proper venue rather than dismissal.

Amendment History

2002, c. 871.

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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