16.1-82 - Service of motion; return thereon and delivery to the court; how disposed of.
§ 16.1-82. Service of motion; return thereon and delivery to the court; howdisposed of.
The plaintiff shall file with the clerk of the court an original motion forjudgment and as many copies as there are defendants upon whom it is to beserved, with the proper fees. The original motion and copies thereof shallthen be delivered to the sheriff or other person for service. Service ofsuch motion shall be as provided in Chapter 8 (§ 8.01-285 et seq.) of Title8.01, but the motion must be served not less than five days before the returnday. Returns shall be made on the original motion for judgment and shall showwhen, where, how and upon whom service was made. The motion or motions withthe returns thereon shall be returned by the sheriff or other persons makingservice to the court within three days of the date service is made. Themotion for judgment shall be heard and disposed of by the court in the samemanner as if it were a civil warrant. Except as otherwise provided herein,procedure upon such motion for judgment shall conform as nearly aspracticable to the procedure in motions for judgment prescribed by Rules ofCourt for civil actions in courts of record.
(1956, c. 555; 1981, c. 576; 1990, c. 943.)