The clerk issuing any such process unless otherwise directed shall deliver or transmit therewith as many copies thereof as there are persons named therein on whom it is to be served.
§ 8.01-291.Copies to be made.
Chapter 8. Process · Article 2. How Process Is Issued · Last amended 1977 · Last verified July 16, 2026
In one sentenceUnless otherwise directed, the clerk who issues process must deliver or transmit as many copies of it as there are persons named in the process who are to be served, one copy for each defendant reached by that process.
Full Text of § 8.01-291
Plain-English Summary
Serving several defendants means each one needs a copy of the papers. Section 8.01-291 puts that arithmetic on the clerk: when issuing process, the clerk must deliver or transmit a copy for every person named in the process who is to be served, unless directed otherwise.
It is a short section, but it closes a gap that could otherwise leave a process server short a copy for the third or fourth defendant in a multi-party case.
The rule keeps the paperwork matching the parties. Add a defendant, and the clerk’s copies grow to match.
Frequently Asked Questions
How many copies of process must the clerk provide under § 8.01-291?
As many copies as there are persons named in the process on whom it is to be served.
Can the number of copies required under this section be changed?
Yes. The clerk delivers or transmits the copies “unless otherwise directed,” meaning a different instruction can alter the default number.
Who is responsible for making copies of process under this section?
The clerk issuing the process.
Does § 8.01-291 apply when only one defendant is being served?
Its default rule ties the number of copies to the number of persons named in the process to be served, so a single defendant means at least one copy.
What happens if a case has multiple defendants under this section?
The clerk must deliver or transmit a copy of the process for each of them.
Amendment History
Code 1950, § 8-57; 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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