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2000 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-126 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-126. Summons for unlawful detainer issued by magistrate, clerk or judge of a general district court.
In any case when possession of any house, land or tenement is unlawfully
detained by the person in possession thereof, the landlord, his agent,
attorney, or other person, entitled to the possession may present to a
magistrate, clerk or judge of a general district court a statement under oath
of the facts which authorize the removal of the tenant or other person in
possession, describing such premises; and thereupon such magistrate, clerk or
judge of a general district court shall issue his summons against the person or
persons named in such affidavit. The process issued upon any such summons
issued by a magistrate, clerk or judge may be served as provided in §§ 8.01-293
and 8.01-296 or § 8.01-299. When issued by a magistrate it may be returned to
and the case heard and determined by the judge of a general district court. If
the summons for unlawful detainer is filed to terminate a tenancy pursuant to
the Virginia Residential Landlord Tenant Act (§ 55-248.2 et seq.), the
initial hearing on such summons shall occur as soon as practicable, but not more than
twenty-one days from the date of filing. If the case cannot be heard within
twenty-one days from the date of filing, the initial hearing shall be held as soon as
practicable. If the plaintiff requests that the initial hearing be set on a
date later than twenty-one days from the date of filing, the initial hearing
shall be set on a date the plaintiff is available that is also available for
the court. Such summons shall be served at least five ten days before the
return day thereof.