As used in this chapter, unless the context requires a different meaning:
§ 8.01-285.Definition of certain terms used in this chapter; process, return, statutory agent.
Chapter 8. Process · Article 1. In General · Last amended 2024 · Last verified July 16, 2026
In one sentenceThis section defines four terms used throughout Virginia’s process chapter: “process” (which includes notice), “return” (which includes proof of service), “statutory agent” (the DMV Commissioner, Secretary of the Commonwealth, or State Corporation Commission Clerk when serving as an agent for service), and “person” (a broad category spanning individuals, their representatives, and business entities).
Full Text of § 8.01-285
1. The term "process" shall be deemed to include notice;
2. The term "return" shall be deemed to include the term "proof of service";
3. The term "statutory agent" means (i) the Commissioner of the Department of Motor Vehicles and the Secretary of the Commonwealth, and the successors of either, when appointed pursuant to law for the purpose of service of process on the nonresident defined in subdivision 2 of § 8.01-307 or (ii) the Clerk of the State Corporation Commission, when appointed pursuant to law for the purpose of service of process on any individual, corporation, limited partnership, or other entity under § 12.1-19.1, as the context may require; and
4. The term "person" includes an individual, his executor, administrator, or other personal representative, or a corporation, partnership, association or any other legal or commercial entity, whether or not a citizen or domiciliary of the Commonwealth and whether or not organized under the laws of the Commonwealth.
Plain-English Summary
Chapter 8 of Title 8.01 governs how Virginia courts get notice to the people and businesses being sued. Before laying out the mechanics, § 8.01-285 pins down four words the rest of the chapter leans on.
“Process” covers not just summonses and writs but any notice given in a case. “Return” covers whatever proof shows the process reached its target — the certification that service happened. “Statutory agent” names the state officials who stand in for a defendant who cannot be reached directly: the DMV Commissioner and Secretary of the Commonwealth for certain nonresident defendants, and the Clerk of the State Corporation Commission for certain business entities. And “person” reaches well past a human being — it takes in executors, administrators, corporations, partnerships, and other entities, whether or not they are based in Virginia.
None of this creates a duty by itself. What it does is keep the rest of the chapter from having to spell out “process or notice” or “individual or corporation” every time, and it makes clear that service rules written for a “person” apply as much to a business as to a human defendant.
Frequently Asked Questions
Does “process” mean only a summons under § 8.01-285?
No. The section says the term “process” shall be deemed to include notice, so requirements written for “process” throughout the chapter extend to notices as well.
What counts as a “return” under this section?
The term “return” is deemed to include the term “proof of service,” meaning whatever document establishes that process reached the person to be served.
Who qualifies as a “statutory agent” under § 8.01-285?
The Commissioner of the Department of Motor Vehicles and the Secretary of the Commonwealth when appointed to serve process on certain nonresident defendants, and the Clerk of the State Corporation Commission when appointed to serve process on certain individuals, corporations, limited partnerships, or other entities.
Does the definition of “person” include businesses, or only individuals?
It includes an individual and his executor, administrator, or other personal representative, as well as a corporation, partnership, association, or any other legal or commercial entity, regardless of whether it is a citizen or domiciliary of Virginia or organized under Virginia law.
Where do these definitions apply?
They apply throughout Chapter 8 of Title 8.01, unless the context of a particular section requires a different meaning.
Amendment History
1977, c. 617; 1991, c. 672; 2005, c. 866; 2024, c. 454.
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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