8.01-328.1 - When personal jurisdiction over person may be exercised.
§ 8.01-328.1. When personal jurisdiction over person may be exercised.
A. A court may exercise personal jurisdiction over a person, who actsdirectly or by an agent, as to a cause of action arising from the person's:
1. Transacting any business in this Commonwealth;
2. Contracting to supply services or things in this Commonwealth;
3. Causing tortious injury by an act or omission in this Commonwealth;
4. Causing tortious injury in this Commonwealth by an act or omission outsidethis Commonwealth if he regularly does or solicits business, or engages inany other persistent course of conduct, or derives substantial revenue fromgoods used or consumed or services rendered, in this Commonwealth;
5. Causing injury in this Commonwealth to any person by breach of warrantyexpressly or impliedly made in the sale of goods outside this Commonwealthwhen he might reasonably have expected such person to use, consume, or beaffected by the goods in this Commonwealth, provided that he also regularlydoes or solicits business, or engages in any other persistent course ofconduct, or derives substantial revenue from goods used or consumed orservices rendered in this Commonwealth;
6. Having an interest in, using, or possessing real property in thisCommonwealth;
7. Contracting to insure any person, property, or risk located within thisCommonwealth at the time of contracting;
8. Having (i) executed an agreement in this Commonwealth which obligates theperson to pay spousal support or child support to a domiciliary of thisCommonwealth, or to a person who has satisfied the residency requirements insuits for annulments or divorce for members of the armed forces or foreignservice officers of the United States pursuant to § 20-97 provided proof ofservice of process on a nonresident party is made by a law-enforcementofficer or other person authorized to serve process in the jurisdiction wherethe nonresident party is located, (ii) been ordered to pay spousal support orchild support pursuant to an order entered by any court of competentjurisdiction in this Commonwealth having in personam jurisdiction over suchperson, or (iii) shown by personal conduct in this Commonwealth, as allegedby affidavit, that the person conceived or fathered a child in thisCommonwealth;
9. Having maintained within this Commonwealth a matrimonial domicile at thetime of separation of the parties upon which grounds for divorce or separatemaintenance is based, or at the time a cause of action arose for divorce orseparate maintenance or at the time of commencement of such suit, if theother party to the matrimonial relationship resides herein; or
10. Having incurred a liability for taxes, fines, penalties, interest, orother charges to any political subdivision of the Commonwealth.
Jurisdiction in subdivision 9 is valid only upon proof of service of processpursuant to § 8.01-296 on the nonresident party by a person authorized underthe provisions of § 8.01-320. Jurisdiction under subdivision 8 (iii) of thissubsection is valid only upon proof of personal service on a nonresidentpursuant to § 8.01-320.
B. Using a computer or computer network located in the Commonwealth shallconstitute an act in the Commonwealth. For purposes of this subsection,"use" and "computer network" shall have the same meanings as thosecontained in § 18.2-152.2.
C. When jurisdiction over a person is based solely upon this section, only acause of action arising from acts enumerated in this section may be assertedagainst him; however, nothing contained in this chapter shall limit, restrictor otherwise affect the jurisdiction of any court of this Commonwealth overforeign corporations which are subject to service of process pursuant to theprovisions of any other statute.
(Code 1950, § 8-81.2; 1964, c. 331; 1977, c. 617; 1978, c. 132; 1981, c. 6;1982, c. 313; 1983, c. 428; 1984, c. 609; 1986, c. 275; 1987, c. 594; 1988,cc. 866, 878; 1992, c. 571; 1999, cc. 886, 904, 905; 2001, c. 221; 2007, c.533; 2009, c. 582.)