The court, in which an action is pending against a nonresident growing out of an accident or collision as specified in §§ 8.01-308 and 8.01-309, or in an action pending against a person or entity served with process through the Clerk of the State Corporation Commission as statutory agent pursuant to § 12.1-19.1, may order such continuances as necessary to afford such nonresident, person, or entity reasonable opportunity to defend the action.
§ 8.01-311.Continuance of action where service made on Commissioner, Secretary, and Clerk.
Chapter 8. Process · Article 4. Who to Be Served · Last amended 2024 · Last verified July 16, 2026
In one sentenceSection 8.01-311 lets the court grant whatever continuances it finds necessary in an action where a nonresident was served through the DMV Commissioner or Secretary of the Commonwealth, or where a person or entity was served through the Clerk of the State Corporation Commission, so the defendant has a reasonable chance to prepare a defense.
Full Text of § 8.01-311
Plain-English Summary
Service through a statutory agent under §§ 8.01-308 and 8.01-309 can reach a nonresident defendant less quickly, or with less immediate awareness, than personal service would. Section 8.01-311 addresses that gap by giving the court discretion to order continuances the court considers necessary to afford the nonresident, person, or entity a reasonable opportunity to defend the action.
The section applies both to the nonresident-motorist and nonresident-aircraft actions described in §§ 8.01-308 and 8.01-309, and to actions where a person or entity was served through the Clerk of the State Corporation Commission as statutory agent under §12.1-19.1. In each case, the continuance authority exists to protect the defendant's chance to be heard, not to guarantee any particular length of delay.
Frequently Asked Questions
Why might a court grant a continuance in a nonresident-motorist case?
To give the nonresident, person, or entity a reasonable opportunity to defend the action after being served through a statutory agent.
Does this section apply only to motor vehicle accident cases?
No. It also covers actions where a person or entity was served through the Clerk of the State Corporation Commission as statutory agent.
Is granting a continuance under this section mandatory?
No. The court "may" order continuances as necessary, making it a discretionary decision.
What underlying accident types does this section reference?
Those specified in §§ 8.01-308 and 8.01-309, covering motor vehicle and aircraft accidents or collisions.
What is the purpose behind allowing continuances here?
Because statutory-agent service may not reach the defendant as promptly as personal service, the court can extend time so the defendant has a genuine chance to respond and defend.
Amendment History
Code 1950, § 8-67.3; 1954, c. 547; 1977, c. 617; 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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