In all actions against one who has been convicted of a felony and is confined in a local or regional jail or State correctional institution, process shall be served on such convict and, subject to § 8.01-9, a guardian ad litem shall be appointed for him. Such service may be effected by delivery to the officer in charge of such jail or institution whose duty it shall be to deliver forthwith such process to the convict.
§ 8.01-297.Process on convict defendant.
Chapter 8. Process · Article 4. Who to Be Served · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-297 requires that anyone suing a person confined for a felony in a local, regional, or state facility serve process on the inmate directly through the officer in charge of that facility, while also appointing the confined defendant a guardian ad litem.
Full Text of § 8.01-297
Plain-English Summary
Incarceration does not shield a defendant from being sued, but it does change how process reaches him. Section 8.01-297 covers actions against someone who has been convicted of a felony and is confined in a local or regional jail or a state correctional institution. Process must still be served on the convict himself, and a guardian ad litem must be appointed for him, subject to the disability provisions of § 8.01-9.
The mechanics of delivery route through the facility rather than the plaintiff. Service is effected by delivering the process to the officer in charge of the jail or institution, whose duty it then becomes to deliver the papers to the convict without delay. This keeps process servers out of secure facilities while still ensuring the confined defendant receives actual notice of the suit against him.
Frequently Asked Questions
Can someone sue a person who is in prison in Virginia?
Yes. Section 8.01-297 governs how process is served on a convict confined in a local or regional jail or a state correctional institution.
Who delivers process to an incarcerated defendant?
The officer in charge of the jail or institution, who is required to deliver the process to the convict forthwith after receiving it.
Does an incarcerated defendant get a guardian ad litem?
Yes. The section requires appointment of a guardian ad litem for the convict, subject to the provisions of § 8.01-9.
Does this section apply to any inmate, or only certain ones?
It applies only to someone convicted of a felony and confined in a local or regional jail or a state correctional institution.
How is process handed to the officer in charge different from ordinary personal service?
Rather than the process server delivering papers directly to the confined defendant, service is effected by delivery to the officer in charge, who then forwards the papers to the convict.
Amendment History
Code 1950, § 8-55; 1954, c. 543; 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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