No civil process shall be served on Sunday, except in cases of persons escaping out of custody, or where it is otherwise expressly provided by law.
§ 8.01-289.No service of process on Sunday; exceptions.
Chapter 8. Process · Article 1. In General · Last amended 1977 · Last verified July 16, 2026
In one sentenceVirginia bars serving civil process on a Sunday in ordinary cases, carving out only two narrow exceptions — for people escaping from custody, and for any other situation where a separate law expressly permits service to happen on that day.
Full Text of § 8.01-289
Plain-English Summary
Section 8.01-289 keeps process servers off the job one day a week. No civil process may be served on Sunday, unless one of two narrow exceptions applies.
The first exception covers someone escaping from custody — a practical carve-out that has nothing to do with ordinary civil litigation. The second is a catch-all: if some other law expressly says Sunday service is fine for a particular situation, that law wins out over the general ban.
For everyday civil cases, the message is plain: plan service for another day of the week, because a Sunday attempt risks being invalid unless it falls into one of these narrow slots.
Frequently Asked Questions
Can civil process be served on a Sunday in Virginia?
Generally no. Section 8.01-289 states that no civil process shall be served on Sunday, subject to two exceptions.
What are the exceptions that allow Sunday service under this section?
Service is allowed on Sunday in cases of persons escaping out of custody, or where it is otherwise expressly provided by law.
Does § 8.01-289 apply to criminal process as well as civil process?
The section speaks only to “civil process,” so by its terms it addresses civil rather than criminal matters.
What happens if another statute specifically allows service on Sunday?
That other law controls, since § 8.01-289 excepts situations “where it is otherwise expressly provided by law.”
Why does Virginia bar service of civil process on Sunday?
The section does not state its reasoning; it establishes the prohibition and the two exceptions to it, leaving the rationale unwritten.
Amendment History
Code 1950, § 8-4.2; 1977, c. 617.
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
Also known as: virginia no service of process on sundayva code 8.01-289can you serve papers on sunday in virginiasunday service of process exceptions virginiavirginia civil process sunday rule