A. Unless otherwise directed by the court, the person serving process shall make return thereof to the clerk's office within seventy-two hours of service, except when such return would be due on a Saturday, Sunday, or legal holiday. In such case, the return is due on the next day following such Saturday, Sunday, or legal holiday. The process shall state thereon the date and manner of service and the name of the party served.
B. Proof of service shall be in the following manner:
1. If service by sheriff, the form of the return of such sheriff as provided by the Rules of the Supreme Court; or
2. If service by any other person qualified under § 8.01-293, whether service made in or out of the Commonwealth, his affidavit of such qualifications; the date and manner of service and the name of the party served; and stamped, typed, or printed on the return of process, an annotation that the service was by a private server, and the name, address, and telephone number of the server; or
3. In case of service by publication, the affidavit of the publisher or his agent giving the dates of publication and an accompanying copy of the published order.
C. The clerk's office shall accept a photocopy, facsimile, or other copy of the original proof of service as if it were an original, provided that the proponent provides a statement that any such copy is a true copy of the original.
Code 1950, §§ 8-52, 8-329; 1977, c. 617; 1996, c. 538; 2020, c. 158.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
§ 8.01-286.1. Service of process; waiver, duty to save costs, request to waive, how served
§ 8.01-287. How process to be served
§ 8.01-288. Process received in time good though neither served nor accepted
§ 8.01-289. No service of process on Sunday; exceptions
§ 8.01-290. Plaintiffs required to furnish full name and last known address of defendants, etc.
§ 8.01-292. To whom process directed and where executed
§ 8.01-296. Manner of serving process upon natural persons
§ 8.01-297. Process on convict defendant
§ 8.01-298. How summons for witness or juror served
§ 8.01-299. How process served on domestic corporations and limited liability companies generally
§ 8.01-301. How process served on foreign corporations generally
§ 8.01-303. On whom process served when corporation operated by trustee or receiver
§ 8.01-304. How process served on copartner or partnership
§ 8.01-305. Process against unincorporated associations or orders, or unincorporated common carriers
§ 8.01-310. How service made on Commissioner and Secretary; appointment binding
§ 8.01-311. Continuance of action where service made on Commissioner or Secretary
§ 8.01-312. Effect of service on statutory agent; duties of such agent
§ 8.01-313. Specific addresses for mailing by statutory agent
§ 8.01-314. Service on attorney after entry of general appearance by such attorney
§ 8.01-315. Notice to be mailed defendant when service accepted by another
§ 8.01-316. Service by publication; when available
§ 8.01-319. Publication of interim notice
§ 8.01-320. Personal service outside of Virginia
§ 8.01-323. In what counties city newspapers deemed published for purpose of legal advertisements
§ 8.01-324. Newspapers that may be used for legal notices and publications
§ 8.01-325. Return by person serving process
§ 8.01-326. Return as proof of service
§ 8.01-327. Acceptance of service of process
§ 8.01-327.1. Definition of "arrest under civil process."
§ 8.01-327.2. Who are privileged from arrest under civil process