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1996 SESSION

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965836308
HOUSE BILL NO. 343 Offered January 15, 1996 A BILL to amend and reenact §§ 8.01-294 and 8.01-325 of the Code of Virginia, relating to service of process; return. ---------- Patrons-- Johnson, Brickley, Davies, Melvin, Plum and Scott ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 8.01-294 and 8.01-325 of the Code of Virginia are amended and reenacted as follows:

§ 8.01-294. Sheriff to get from clerk's office process and other papers; return of papers.

Every sheriff who attends a court shall, every day when the clerk's office is open for business, go to such office and receive all process, and other papers to be served by him, and give receipts therefor, unless he has received notice from a regular employee of the clerk's office that there are no such papers requiring service and.

Every person serving process shall return all papers within seventy-two hours five days of service, except when such returns would be due on a Saturday, Sunday, or legal holiday. In such case, the return is due on the next day following such Saturday, Sunday, or legal holiday.

§ 8.01-325. Return by person serving process.

Unless otherwise directed by the court, the person serving process shall make return thereof promptly to the clerk's office stating within five days of service, except when such return would be due on a Saturday, Sunday, or legal holiday, the return is due on the next day following such Saturday, Sunday, or legal holiday . The return shall state thereon the date and manner of service and the name of the party served. Such proof of service shall be in the following manner:

1. If service by sheriff, the return of such sheriff as provided by the Rules of the Supreme Court; or

2. If service by any other person qualified under § 8.01-293, whether service made in or out of the Commonwealth, his affidavit of such qualifications as well as the date and manner of service and the name of the party served; or

3. In case of service by publication, the affidavit of the publisher or his agent giving the dates of publication and an accompanying copy of the published order.