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§ 8.01-414.Affidavit prima facie evidence of nonresidence.

Chapter 14. Evidence · Article 8. Certain Affidavits · Last amended 1977 · Last verified July 16, 2026

In one sentenceSection 8.01-414 lets any party prove that a witness or party lives outside Virginia by filing an affidavit to that effect, treating the affidavit as prima facie evidence of nonresidence even when made by an interested party and without advance notice to anyone.

Full Text of § 8.01-414

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In any action, an affidavit that a witness or party resides out of this Commonwealth, or is out of it, shall be prima facie evidence of the fact, although such affidavit be made by a party, and without previous notice.

Plain-English Summary

An affidavit under this section does one narrow job: it establishes, on its face, that a witness or party resides outside Virginia or is currently outside the state. Because the statute calls that showing “prima facie evidence,” the affidavit is enough to establish nonresidence unless someone comes forward with evidence to the contrary — the party offering it does not need to call a live witness or produce further proof.

The section removes two objections that might otherwise weaken the affidavit. It does not matter that the party with an interest in the outcome is the one who signed it, and it does not matter that no one gave advance notice before it was filed. Both features make the affidavit a fast, low-cost way to put nonresidence on the record, which matters in situations — serving process on someone who has left the state, for instance — where proving where someone lives can otherwise take real effort.

Frequently Asked Questions

What does an affidavit of nonresidence prove in a Virginia civil case?

That a witness or party resides outside Virginia, or is currently outside the state — the affidavit stands as prima facie evidence of that fact.

Who is allowed to sign the affidavit?

Any party to the action, including one with a direct interest in the case, may make the affidavit.

Does the other side have to be notified before the affidavit is filed?

No. Section 8.01-414 allows the affidavit to be made without previous notice.

Can the affidavit be contradicted or challenged?

Because it is only prima facie evidence, it establishes nonresidence unless rebutted by contrary evidence — it is not conclusive proof that cannot be disputed.

Why would a party need to prove someone’s nonresidence in a lawsuit?

Nonresidence often affects how and where a witness or party can be served or reached in a case, so an affidavit offers a quick way to put that fact into the record.

Amendment History

Code 1950, § 8-328; 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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