Virginia Code 8.01-311: Continuance of action where service made on Commissioner, Secretary, and Clerk.
Current as of: 2024 | Check for updates
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The court, in which an action is pending against a nonresident growing out of an accident or collision as specified in §§ 8.01-308 and 8.01-309, or in an action pending against a person or entity served with process through the Clerk of the State Corporation Commission as statutory agent pursuant to § 12.1-19.1, may order such continuances as necessary to afford such nonresident, person, or entity reasonable opportunity to defend the action.
Terms Used In Virginia Code 8.01-311
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- person: includes an individual, his executor, administrator, or other personal representative, or a corporation, partnership, association or any other legal or commercial entity, whether or not a citizen or domiciliary of the Commonwealth and whether or not organized under the laws of the Commonwealth. See Virginia Code 8.01-285
- process: shall be deemed to include notice;
2. See Virginia Code 8.01-285
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- statutory agent: means (i) the Commissioner of the Department of Motor Vehicles and the Secretary of the Commonwealth, and the successors of either, when appointed pursuant to law for the purpose of service of process on the nonresident defined in subdivision 2 of § Virginia Code 8.01-285
Code 1950, § 8-67.3; 1954, c. 547; 1977, c. 617; 2024, c. 454.