Upon the commencement of every action, the plaintiff shall furnish in writing to the clerk or other issuing officer the full name and last known address of each defendant and if unable to furnish such name and address, he shall furnish such salient facts as are calculated to identify with reasonable certainty such defendant. The clerk or other official whose function it is to issue any such process shall note in the record or in the papers the address or other identifying facts furnished. Failure to comply with the requirements of this section shall not affect the validity of any judgment.
§ 8.01-290.Plaintiffs required to furnish full name and last known address of defendants, etc.
Chapter 8. Process · Article 2. How Process Is Issued · Last amended 1977 · Last verified July 16, 2026
In one sentenceEvery plaintiff must give the clerk or issuing officer the defendant’s full name and last known address in writing when starting an action, or, if that is not possible, whatever identifying facts pin the defendant down with reasonable certainty, though failing to comply does not undo the resulting judgment.
Full Text of § 8.01-290
Plain-English Summary
Someone has to hand the clerk enough information to fill out the paperwork, and § 8.01-290 puts that job squarely on the plaintiff. When an action begins, the plaintiff must furnish, in writing, each defendant’s full name and last known address. If the plaintiff cannot manage that, he has to supply whatever facts identify the defendant with reasonable certainty instead.
The clerk’s office is not left guessing, either — whatever address or identifying information the plaintiff hands over gets noted in the record or the case papers, so there is a trail showing what information was available when process issued.
The section has a built-in safety valve: failing to comply does not undo a judgment later obtained. The requirement pushes plaintiffs to do their homework up front, but a slip here does not hand a defendant a free pass to attack a judgment on that basis alone.
Frequently Asked Questions
What must a plaintiff give the clerk when starting an action under § 8.01-290?
The plaintiff must furnish in writing the full name and last known address of each defendant.
What if a plaintiff does not know a defendant’s name and address?
He must furnish such salient facts as are calculated to identify the defendant with reasonable certainty instead.
What does the clerk do with the information the plaintiff provides?
The clerk or other official issuing the process notes the address or other identifying facts furnished in the record or in the papers.
Does failing to furnish a defendant’s name and address invalidate a resulting judgment?
No. The section states that failure to comply with its requirements shall not affect the validity of any judgment.
Who is responsible for supplying identifying information about the defendant?
The plaintiff bears that responsibility upon the commencement of every action.
Amendment History
Code 1950, § 8-46.1; 1962, c. 10; 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
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