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1994 SESSION


CHAPTER 37
An Act to amend and reenact § 8.01-277 of the Code of Virginia, relating to motion to quash defective process.
[H 231]
Approved March 7, 1994

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-277 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-277. Defective process; motion to quash; amendment.

A person, upon whom process to answer any action has been served, may take advantage of any defect in the issuance, service or return thereof by a motion to quash filed prior to or simultaneously with the filing of any pleading to the merits. Upon sustaining the motion, the court may dismiss the action strike the proof of service or permit amendment of the process or its return as may seem just.