§ 8.01-257 Venue generally
§ 8.01-258 Venue not jurisdictional
§ 8.01-259 Application
§ 8.01-260 Proper venue; preferred forum in certain actions; permissible forums for other actions
§ 8.01-261 Category a or preferred venue
§ 8.01-262 Category B or permissible venue
§ 8.01-262.1 Place for bringing action under a contract related to construction
§ 8.01-263 Multiple parties
§ 8.01-264 Venue improperly laid; objection
§ 8.01-265 Change of venue by court
§ 8.01-266 Costs
§ 8.01-267 Discretion of judge

Terms Used In Virginia Code > Title 8.01 > Chapter 5

  • Accessibility mechanic: means an individual who is engaged in erecting, constructing, installing, altering, servicing, repairing, testing or maintaining wheelchair lifts, incline chairlifts, dumbwaiters with a capacity limit of 300 pounds, and private residence elevators, in accordance with the Uniform Statewide Building Code (§ 36-97 et seq. See Virginia Code 54.1-1140
  • Accommodations: means any real property improvement provided by the travel club to its members for lodging purposes, including, without limitation, condominiums, hotels, motels or motor courts. See Virginia Code 59.1-445
  • Accredited residential building energy analyst training program: means a training program that has been approved by the Board to provide training for individuals to engage in blower door, duct blaster, or similar testing to measure energy efficiency, conduct energy modeling, prepare a residential building energy analysis report, and provide recommendations for improvements with return on investment or third-party verification for nationally accredited energy efficiency programs. See Virginia Code 54.1-1144
  • Act: means the Virginia Real Estate Transaction Recovery Act. See Virginia Code 54.1-2112
  • Adult: means a person 18 years of age or more. See Virginia Code 1-203
  • Agency: means every relationship in which a real estate licensee acts for or represents a person as an agent by such person's express authority in a commercial or residential real estate transaction, unless a different legal relationship is intended and is agreed to as part of the brokerage agreement. See Virginia Code 54.1-2130
  • Agency: means every relationship in which a real estate licensee acts for or represents a person as an agent by such person's express authority in a commercial or residential real estate transaction, unless a different legal relationship is intended and is agreed to as part of the brokerage agreement. See Virginia Code 54.1-2130 v2
  • Agent: means a real estate licensee who is acting as (i) a standard agent in a residential real estate transaction, (ii) a limited service agent in a residential real estate transaction, or (iii) an agent in a commercial real estate transaction. See Virginia Code 54.1-2130
  • Agent: means a real estate licensee who is acting as (i) a standard agent in a residential real estate transaction, (ii) a limited service agent in a residential real estate transaction, or (iii) an agent in a commercial real estate transaction. See Virginia Code 54.1-2130 v2
  • air carrier: includes a common carrier by aircraft, a restricted common carrier by aircraft, and a contract carrier by aircraft. See Virginia Code 5.1-89
  • aircraft: means any contrivance, except a contrivance operating twenty-four inches or less above ground or water level, now known or hereafter invented, used, or designed for navigation of, or flight in, the airspace in the transportation of passengers, property or mail. See Virginia Code 5.1-89
  • Alternate operator services provider: means a telecommunications company, other than a local exchange company or interexchange company certificated by the State Corporation Commission or an affiliate or agent of such a company, which provides intrastate long distance operator assisted services where human or automated call intervention is necessary for obtaining billing information from the end-user. See Virginia Code 59.1-425
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Audiologist: means the same as that term is defined in § Virginia Code 54.1-2130
  • Commercial real estate: means any real estate other than (i) real estate containing one to four residential units or (ii) real estate classified for assessment purposes under §
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distance learning: means instruction delivered by an approved provider through a medium other than a classroom setting. See Virginia Code 54.1-2100
  • Division: means the Division of Consumer Counsel in the Department of Law. See Virginia Code 59.1-429
  • Docket: A log containing brief entries of court proceedings.
  • dual representative: means a licensee who has a brokerage relationship with both seller and buyer, or both landlord and tenant, in the same real estate transaction. See Virginia Code 54.1-2130
  • dual representative: means a licensee who has a brokerage relationship with both seller and buyer, or both landlord and tenant, in the same real estate transaction. See Virginia Code 54.1-2130 v2
  • Elevator mechanic: means an individual who is certified by the Board in accordance with this article to engage in erecting, constructing, installing, altering, servicing, repairing, testing or maintaining elevators, escalators, or related conveyances in accordance with the Uniform Statewide Building Code. See Virginia Code 54.1-1140
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • event: means any professional concert, professional sporting event, or professional theatrical production, open to the public for which tickets are ordinarily sold. See Virginia Code 59.1-466.5
  • Executor: A male person named in a will to carry out the decedent
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: shall include any one or more of the following:

    a. See Virginia Code 8.01-2

  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Fund: means the Virginia Real Estate Transaction Recovery Fund. See Virginia Code 54.1-2112
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goods: means all material, equipment, supplies, printing, and automated data processing hardware and software. See Virginia Code 2.2-4301
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hearing aid: means any wearable instrument or device designed or offered to aid or compensate for impaired human hearing and any parts, attachments, or accessories, including earmolds, but excluding batteries and cords. See Virginia Code 54.1-1500
  • Home service contract: means a contract or agreement for a separately stated consideration for any duration to perform the service, repair, replacement, or maintenance of property or to indemnify for the costs of service, repair, replacement, or maintenance, for the operational failure of any property due to a defect in materials, workmanship, inherent defect, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances. See Virginia Code 59.1-434.1
  • Improper or dishonest conduct: includes only the wrongful and fraudulent taking or conversion of money, property or other things of value or material misrepresentation or deceit. See Virginia Code 54.1-2112
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Independent contractor: means a real estate licensee who (i) enters into a brokerage relationship based upon a brokerage agreement that specifically states that the real estate licensee is acting as an independent contractor and not as an agent; (ii) shall have the obligations agreed to by the parties in the brokerage agreement; and (iii) shall comply with the provisions of subdivisions A 3 through 7 and subsections B and E of § Virginia Code 54.1-2130 v2
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Information provider: means any person providing pay-per-call services. See Virginia Code 59.1-429
  • inhabitants: means with reference to any county, city, town, political subdivision of the Commonwealth or any combination thereof, the natural persons in such county, city, town, political subdivision or combination as shown by the unadjusted United States decennial census last preceding the time at which any provision dependent upon population is being applied or the time as of which it is being construed. See Virginia Code 1-235
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Judgment: includes an order of a United States Bankruptcy Court (i) declaring a claim against a regulant who is in bankruptcy to be a "Debt Nondischargeable in Bankruptcy" (ii) extinguishing a claim against a regulant who is in bankruptcy and for which claim no distribution was made from the regulant's bankruptcy estate but excluding any such claim disallowed by order of the bankruptcy court, or (iii) extinguishing a claim against a regulant who is in bankruptcy and for which claim only partial distribution was made from the regulant's bankruptcy estate. See Virginia Code 54.1-2112
  • Licensed hearing aid specialist: means any person who is the holder of a hearing aid specialist license issued by the Board for Hearing Aid Specialists and Opticians. See Virginia Code 54.1-1500
  • Licensed optician: means any person who is the holder of an optician license issued by the Board for Hearing Aid Specialists and Opticians. See Virginia Code 54.1-1500
  • Licensed optometrist: means any person authorized by Virginia law to practice optometry. See Virginia Code 54.1-1500
  • Licensed physician: means any person licensed by the Board of Medicine to practice medicine and surgery. See Virginia Code 54.1-1500
  • Licensed residential building energy analyst: means an individual who has successfully completed an accredited residential building energy analyst training program or meets the criteria of experience required by this article and regulations of the Board and who has been licensed by the Board. See Virginia Code 54.1-1144
  • Licensee: means real estate brokers and salespersons as defined in Article 1 (§ Virginia Code 54.1-2130 v2
  • Limited service agent: means a licensee who acts for or represents a client in a residential real estate transaction pursuant to a brokerage agreement that provides that the limited service agent will not provide one or more of the duties set forth in subdivision A 2 of §§ Virginia Code 54.1-2130 v2
  • Long distance carrier: means any interexchange telephone company providing services within the Commonwealth. See Virginia Code 59.1-429
  • Ministerial acts: means those routine acts which a licensee can perform for a person which do not involve discretion or the exercise of the licensee's own judgment. See Virginia Code 54.1-2130
  • Ministerial acts: means those routine acts which a licensee can perform for a person which do not involve discretion or the exercise of the licensee's own judgment. See Virginia Code 54.1-2130 v2
  • Nonparticipating manufacturer: means any tobacco product manufacturer that is not a participating manufacturer. See Virginia Code 3.2-4204
  • Notary: means notary public. See Virginia Code 1-226
  • Oath: includes affirmation. See Virginia Code 1-228
  • Obligor: means the person who is contractually obligated to the purchaser to provide services under the extended service contract and who is (i) the original manufacturer or seller of the merchandise covered by the extended service contract, (ii) acting through or with the written consent of the original manufacturer, seller or purchaser of the merchandise covered by the extended service contract, or (iii) acting through or with the written consent of a manufacturer or seller of merchandise similar to the merchandise covered by the extended service contract. See Virginia Code 59.1-435
  • offering: means any act to sell, solicit, induce, advertise, or execute a travel services agreement. See Virginia Code 59.1-445
  • offeror: means a person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance, and who has been prequalified, if required. See Virginia Code 2.2-4301
  • Optician: means any person not exempted by § Source: OCC
  • Practice of fitting or dealing in hearing aids: means (i) the measurement of human hearing by means of an audiometer or by any other means solely for the purpose of making selections, adaptations or sale of hearing aids, (ii) the sale of hearing aids, or (iii) the making of impressions for earmolds. See Virginia Code 54.1-1500
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Principal: means a person who manufactures, produces, imports or distributes a product for wholesale and who contracts with a sales representative to solicit orders or sales for such product and compensates the sales representative, in whole or in part, by commission. See Virginia Code 59.1-455
  • Probate: Proving a will
  • Professional services: means work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or professional engineering. See Virginia Code 2.2-4301
  • Proper identification: means proper identification as defined in 15 U. See Virginia Code 59.1-444.1
  • Property: means any component, part, appliance, or household system of a residential property that is covered by a contract, whether such component, part, appliance, or household system is personal property or is affixed as real property to the covered residential property. See Virginia Code 59.1-434.1
  • Property management agreement: means the written agreement between a property manager and the owner of real estate for the management of the real estate. See Virginia Code 54.1-2130
  • Proprietor: means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility or any other similar place of business or professional office located in the Commonwealth in which the public may assemble and in which nondramatic musical works or similar copyrighted works may be performed, broadcast, or otherwise transmitted for the enjoyment of members of the public there assembled. See Virginia Code 59.1-460
  • Provider: means a person that is contractually obligated to the purchaser under the terms of the home service contract. See Virginia Code 59.1-434.1
  • provider: means any person or entity other than a public service corporation supervised by the State Corporation Commission, who is the original manufacturer or seller and who solicits, offers, advertises, or executes extended service contracts. See Virginia Code 59.1-435
  • Public body: means any legislative, executive or judicial body, agency, office, department, authority, post, commission, committee, institution, board or political subdivision created by law to exercise some sovereign power or to perform some governmental duty, and empowered by law to undertake the activities described in this chapter. See Virginia Code 2.2-4301
  • Public corporation: means the Commonwealth of Virginia or any political subdivision thereof or any incorporated municipality therein or any public agency of the Commonwealth or of any political subdivision thereof or of any municipality therein. See Virginia Code 1-219.1
  • Public telephone equipment provider: means any person who makes available for public use telephone equipment with access to the public switched network where a charge is made to the user for such use and intrastate local or long distance service is provided through such equipment by an alternate operator services provider. See Virginia Code 59.1-425
  • Purchaser: means a person who enters into a home service contract with a provider. See Virginia Code 59.1-434.1
  • Purchaser: means a person who enters into an extended service contract with an extended service contract provider. See Virginia Code 59.1-435
  • Purchaser: means any person who enters into an agreement in whole or in part within this Commonwealth with a travel club for travel services. See Virginia Code 59.1-445
  • Real estate broker: means any individual or business entity, including a partnership, association, corporation, or limited liability company, who, for compensation or valuable consideration, (i) sells or offers for sale, buys or offers to buy, or negotiates the purchase or sale or exchange of real estate, including units or interest in condominiums, cooperative interest as defined in § 55-426, or time-shares in a time-share program even though they may be deemed to be securities or (ii) leases or offers to lease, or rents or offers for rent, any real estate or the improvements thereon for others. See Virginia Code 54.1-2100
  • Real estate team: means two or more individuals, one or more of whom is a real estate salesperson or broker, who (i) work together as a unit within the same brokerage firm, (ii) represent themselves to the public as working together as one unit, and (iii) designate themselves by a fictitious name. See Virginia Code 54.1-2100
  • Recording group: means a vocal or instrumental group at least one of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. See Virginia Code 59.1-466.1
  • Regulant: means a person, partnership, association, corporation, agency, firm or any other entity licensed by the Real Estate Board as a real estate broker or real estate salesperson. See Virginia Code 54.1-2112
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Residential building energy analysis: means (i) an inspection, investigation, or survey of a dwelling or other structure to evaluate, measure, or quantify its energy consumption and efficiency, including lighting, HVAC, electronics, appliances, water heaters, insulation, and water conservation, and (ii) recommendations to reduce energy consumption and improve efficiency of a dwelling or other structure, including lighting, HVAC, electronics, appliances, water heaters, insulation, and water conservation for compensation conducted or made by a licensed residential building energy analyst. See Virginia Code 54.1-1144
  • Residential real estate: means real property containing from one to four residential dwelling units and the sale of lots containing one to four residential dwelling units. See Virginia Code 54.1-2130
  • Residential real estate: means real property containing from one to four residential dwelling units and the sale of lots containing one to four residential dwelling units. See Virginia Code 54.1-2130 v2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Road hazard: means a hazard that is encountered while driving a motor vehicle, including potholes, rocks, wood debris, metal parts, glass, plastic, curbs, and composite scraps. See Virginia Code 59.1-435
  • royalties: means the fees payable to a copyright owner or performing rights society for the public performance of nondramatic musical or other similar works. See Virginia Code 59.1-460
  • sale: means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or practitioners. See Virginia Code 54.1-1500
  • Sales representative: means a person other than an employee who contracts with a principal to solicit wholesale orders or sales and who is compensated, in whole or in part, by commission, but shall not include a person who purchases exclusively for his own account for resale. See Virginia Code 59.1-455
  • Service of process: The service of writs or summonses to the appropriate party.
  • Services: means any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies. See Virginia Code 2.2-4301
  • Sound recording: means a work that results from the fixation on a material object of a series of musical, spoken, or other sounds regardless of the nature of the material object, such as a disk, tape, or other phono-record, in which the sounds are embodied. See Virginia Code 59.1-466.1
  • Stamping agent: means (i) a person who is authorized by the Tax Commissioner pursuant to § 58. See Virginia Code 3.2-4204
  • Standard agent: means a licensee who acts for or represents a client in an agency relationship in a residential real estate transaction. See Virginia Code 54.1-2130
  • Standard agent: means a licensee who acts for or represents a client in an agency relationship in a residential real estate transaction. See Virginia Code 54.1-2130 v2
  • State agency: means any authority, board, department, instrumentality, institution, agency or other unit of state government. See Virginia Code 2.2-4347
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subcontractor: means any entity that has a contract to supply labor or materials to the contractor to whom the contract was awarded or to any subcontractor in the performance of the work provided for in such contract. See Virginia Code 2.2-4347
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervising broker: means a real estate broker who has been designated by a principal broker to supervise the provision of real estate brokerage services by associate brokers and salespersons assigned to a branch office or a real estate team. See Virginia Code 54.1-2100
  • Telephone company: means a certificated local exchange telephone company which owns, manages, or controls any plant or equipment or any part of a plant or equipment within the Commonwealth for the conveyance of telephone messages, either directly or indirectly. See Virginia Code 59.1-429
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Travel club: means a for-profit organization that provides, in return for either an advance fee for membership or an annual charge for membership of more than $100, the privilege for its members or participants to arrange or obtain future travel services through or from the organization. See Virginia Code 59.1-445
  • Travel services: means transportation by carrier; accommodations; rental of motor vehicles; or any other service related to travel. See Virginia Code 59.1-445
  • Travel services agreement: means the agreement executed in whole or in part in this Commonwealth between the travel club and the purchaser of the membership in such club and does not include arrangements or agreements for specific travel transportation, accommodation or other specific services. See Virginia Code 59.1-445
  • Value: means fair market value. See Virginia Code 54.1-1100
  • Venue: The geographical location in which a case is tried.
  • Verified claim: means a completed application, on a form designed by the Board, the truthfulness of which has been attested to by the claimant before a notary public, along with all required supporting documentation, that has been properly received by the Department in accordance with this chapter. See Virginia Code 54.1-2112
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.