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§ 8.01-216.13.Civil investigative demands; service and jurisdiction.

Chapter 3. Actions · Article 19.1. Virginia Fraud Against Taxpayers Act · Last amended 2002 · Last verified July 16, 2026

In one sentenceSection 8.01-216.13 authorizes service of a civil investigative demand by an investigator or anyone authorized to serve process, extends jurisdiction over out-of-state recipients consistent with due process, and prescribes specific delivery or mail methods for serving business entities and individuals along with proof-of-service requirements.

Full Text of § 8.01-216.13

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Any civil investigative demand issued under this article may be served by an investigator, or by any person authorized to serve process on individuals in the Commonwealth.
Any such demand or any petition filed under this article may be served upon any person who is not found within Virginia in such manner as the Rules of the Supreme Court of Virginia or the Code of Virginia prescribe for service of process outside Virginia. To the extent that the courts of this Commonwealth can assert jurisdiction over any such person consistent with due process, the courts of this Commonwealth shall have the same jurisdiction to take any
action respecting compliance with the provisions of this article by any such person that the court would have if such person were personally within the jurisdiction of the court.
Service of any civil investigative demand issued under this article or of any petition filed under this article may be made upon a partnership, corporation, association, or other legal entity by (i) delivering an executed copy of such demand or petition to any partner, executive officer, managing agent, or general agent of the partnership, corporation, association, or entity, or to any agent authorized by appointment or by law to receive service of process on behalf of such partnership, corporation, association, or entity; (ii) delivering an executed copy of such demand or petition to the principal office or place of business of the partnership, corporation, association, or entity; or (iii) depositing an executed copy of such demand or petition in the United States mail by registered or certified mail, with a return receipt requested, addressed to such partnership, corporation, association, or entity at its principal office or place of business.
Service of any such demand or petition may be made upon any natural person by (i) delivering an executed copy of such demand or petition to the person, or (ii) depositing an executed copy of such demand or petition in the United States mail by registered or certified mail, with a return receipt requested, addressed to the person at the person's residence or principal office or place of business.
A verified return by the individual serving any civil investigative demand issued under this article or any petition filed under this article setting forth the manner of such service shall be proof of service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand.

Plain-English Summary

Section 8.01-216.13 governs how a civil investigative demand gets served and how far Virginia courts can reach to enforce it. An investigator, or anyone else authorized to serve process on individuals in the Commonwealth, may serve the demand. When the recipient is not found within Virginia, service follows the same methods the Rules of the Supreme Court of Virginia or the Code of Virginia prescribe for out-of-state service of process, and Virginia courts retain jurisdiction over that person to the same extent the courts would have if the person were personally within the Commonwealth, so long as exercising that jurisdiction is consistent with due process.

The section then prescribes specific delivery methods. Service on a partnership, corporation, association, or other entity can be made by delivering a copy to a partner, executive officer, managing or general agent, or any agent authorized to receive process; by delivering a copy to the entity’s principal office or place of business; or by certified or registered mail with a return receipt requested, addressed to that office. Service on a natural person can be made by personal delivery or by certified or registered mail with a return receipt requested, addressed to the person’s residence or place of business. Proof of service comes from a verified return describing how service was made, and where service was by mail, the return post office receipt must accompany that return.

Frequently Asked Questions

Who is allowed to serve a civil investigative demand in Virginia?

An investigator, or any other person authorized to serve process on individuals within the Commonwealth.

Can a civil investigative demand be served on someone who lives outside Virginia?

Yes. It follows the same methods the Rules of the Supreme Court of Virginia or the Code of Virginia prescribe for out-of-state service of process, and Virginia courts retain jurisdiction to enforce it to the extent consistent with due process.

How is a civil investigative demand served on a business?

By delivering a copy to a partner, officer, managing or general agent, or authorized agent of the entity; by delivering a copy to its principal office or place of business; or by certified or registered mail with a return receipt requested to that office.

How is a civil investigative demand served on an individual?

By personal delivery, or by certified or registered mail with a return receipt requested, addressed to the person’s residence or place of business.

How is service of a civil investigative demand proven?

By a verified return from the person who served it, describing the manner of service, accompanied by the return post office receipt when service was made by registered or certified mail.

Amendment History

2002, c. 842.

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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