16.1-264 - Service of summons; proof of service; penalty. - Virginia Statutes

§ 16.1-264. Service of summons; proof of service; penalty.

A. If a party designated in § 16.1-263 A to be served with a summons can befound within the Commonwealth, the summons shall be served upon him in personor by substituted service as prescribed in subdivision 2 of § 8.01-296.

If a party designated to be served in § 16.1-263 is without the Commonwealthbut can be found or his address is known, or can with reasonable diligence beascertained, service of summons may be made either by delivering a copythereof to him personally or by mailing a copy thereof to him by certifiedmail return receipt requested.

If after reasonable effort a party other than the person who is the subjectof the petition cannot be found or his post-office address cannot beascertained, whether he is within or without the Commonwealth, the court mayorder service of the summons upon him by publication in accordance with theprovisions of §§ 8.01-316 and 8.01-317.

B. Service of summons may be made under the direction of the court bysheriffs, their deputies and police officers in counties and cities or by anyother suitable person designated by the court. However, in any case in whichcustody or visitation of a minor child or children is at issue and a summonsis issued for the attendance and testimony of a teacher or other schoolpersonnel who is not a party to the proceeding, if such summons is served onschool property, it shall be served only by a sheriff or his deputy.

C. Proof of service may be made by the affidavit of the person other than anofficer designated in subsection B hereof who delivers a copy of the summonsto the person summoned, but if served by a state, county or municipal officerhis return shall be sufficient without oath.

D. The summons shall be considered a mandate of the court and willful failureto obey its requirements shall subject any person guilty thereof to liabilityfor punishment as for contempt.

(Code 1950, §§ 16.1-167 to 16.1-170; 1956, c. 555; 1977, c. 559; 1984, c.594; 1987, c. 632; 1991, c. 62; 2004, c. 588.)