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§ 8.01-259.Application.

Chapter 5. Venue · Last amended 1989 · Last verified July 16, 2026

In one sentenceSection 8.01-259 lists the proceedings Chapter 5’s venue rules do not govern — habeas corpus, most tax proceedings, juvenile and domestic relations cases about children, and adoptions — and provides that for every other action, this chapter’s venue provisions control and override any conflicting venue rule found elsewhere in the Code.

Full Text of § 8.01-259

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Nothing in this chapter shall apply to venue in the following proceedings:
(1), (2) [Repealed.]
(3) Habeas corpus;
(4) Tax proceedings, other than those in Title 58.1;
(5) Juvenile and domestic relations district courts proceedings concerning children; or
(6) [Repealed.]
(7) Adoptions.
(8) [Repealed.]
In all other actions, venue shall be in accordance with the provisions of this chapter, and, with respect to such actions, in case of conflict between the provisions of this chapter and other provisions outside this chapter relating to venue, all such other provisions are hereby superseded.

Plain-English Summary

Not every civil matter in Virginia runs on Chapter 5’s venue rules. Section 8.01-259 carves out four categories that fall outside the chapter entirely: habeas corpus proceedings, tax proceedings other than those under Title 58.1, juvenile and domestic relations district court proceedings concerning children, and adoptions. Several other subdivisions that once listed additional exclusions have since been repealed, leaving this shorter, current list.

For everything not on that list, the section does two things at once. It confirms that Chapter 5 governs venue, and it resolves conflicts in favor of consistency: if some other Code provision outside this chapter sets a different venue rule for the same kind of action, Chapter 5 wins. That supersession clause keeps venue law from splintering into a patchwork of section-specific exceptions scattered across the Code.

Frequently Asked Questions

Does Virginia’s general venue chapter apply to habeas corpus proceedings?

No. Section 8.01-259 expressly excludes habeas corpus from the chapter’s coverage.

Are tax cases covered by the venue chapter?

Generally no — the section excludes tax proceedings, except for those arising under Title 58.1.

Does this chapter set venue for adoption proceedings?

No. Adoptions are listed among the excluded proceedings in § 8.01-259.

What happens if another Code section sets a different venue rule for an action Chapter 5 does cover?

Chapter 5 controls. The section states that for actions within its scope, its provisions supersede any conflicting venue provisions found outside the chapter.

Why does the section refer to some numbered exclusions as “[Repealed.]”?

The General Assembly removed those subdivisions from the exclusion list over time; the surviving exclusions are habeas corpus, most tax proceedings, juvenile and domestic relations cases about children, and adoptions.

Amendment History

1977, c. 617; 1987, c. 567; 1989, c. 556.

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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