Va. Code § 8.01-277.1: Objections to personal jurisdiction or defective process; what constitutes waiver
Where this section sits in the code
- Title 8.01. Civil Remedies and Procedure
- Chapter 7. CIVIL ACTIONS; COMMENCEMENT, PLEADINGS, AND MOTIONS
- Article 2. PLEADINGS GENERALLY
A. Except as provided in § 8.01-277, a person waives any objection to personal jurisdiction or defective process if he engages in conduct related to adjudicating the merits of the case, including, but not limited to:1. Filing a demurrer, plea in bar, answer, counterclaim, cross-claim, or third-party claim;2. Conducting discovery, except as provided in subsection B;3. Seeking a ruling on the merits of the case; or4. Actively participating in proceedings related to determining the merits of the case.B. A person does not waive any objection to personal jurisdiction or defective process if he engages in conduct unrelated to adjudicating the merits of the case, including, but not limited to:1. Requesting or agreeing to an extension of time;2. Agreeing to a scheduling order;3. Conducting discovery authorized by the court related to adjudicating the objection;4. Observing or attending proceedings in the case;5. Filing a motion to transfer venue pursuant to § 8.01-264 when such motion is filed contemporaneously with the objection; or6. Removing the case to federal court.2011, c. 710.
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