§ 8.01-277.1 Objections to personal jurisdiction or defective process; what constitutes waiver

Codes > Code of Virginia > Title 8.01 > Chapter 7 : Article 2 > 8.01-277.1 Objections

§ 8.01-277.1. Objections to personal jurisdiction or defective process; what constitutes waiver

    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; or

        4. 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; or

        6. Removing the case to federal court.