8.01-277 - Defective process; motion to quash; untimely service; motion to dismiss. - Virginia Statutes

§ 8.01-277. Defective process; motion to quash; untimely service; motion todismiss.

A. A person, upon whom process to answer any action has been served, may takeadvantage of any defect in the issuance, service or return thereof by amotion to quash filed prior to or simultaneously with the filing of anypleading to the merits. Upon sustaining the motion, the court may strike theproof of service or permit amendment of the process or its return as may seemjust.

B. A person, upon whom process has not been served within one year ofcommencement of the action against him, may make a special appearance, whichdoes not constitute a general appearance, to file a motion to dismiss. Uponfinding that the plaintiff did not exercise due diligence to have timelyservice and sustaining the motion to dismiss, the court shall dismiss theaction with prejudice. Upon finding that the plaintiff did exercise duediligence to have timely service and denying the motion to dismiss, the courtshall require the person filing such motion to file a responsive pleadingwithin 21 days of such ruling. Nothing herein shall prevent the plaintifffrom filing a nonsuit under § 8.01-380 before the entry of an order grantinga motion to dismiss pursuant to the provisions of this section. Nothing inthis subsection shall pertain to cases involving asbestos.

(Code 1950, § 8-118; 1954, c. 333; 1977, c. 617; 1994, c. 37; 2006, c. 151.)