§ 8.01-126. Summons for unlawful detainer issued by magistrate or clerk orjudge of a general district court.
In any case when possession of any house, land or tenement is unlawfullydetained by the person in possession thereof, the landlord, his agent,attorney, or other person, entitled to the possession may present to amagistrate or a clerk or judge of a general district court a statement underoath of the facts which authorize the removal of the tenant or other personin possession, describing such premises; and thereupon such magistrate, clerkor judge shall issue his summons against the person or persons named in suchaffidavit. The process issued upon any such summons issued by a magistrate,clerk or judge may be served as provided in § 8.01-293 and 8.01-296 or8.01-299. When issued by a magistrate it may be returned to and the caseheard and determined by the judge of a general district court. If the summonsfor unlawful detainer is filed to terminate a tenancy pursuant to theVirginia Residential Landlord Tenant Act (§ 55-248.2 et seq.), the initialhearing on such summons shall occur as soon as practicable, but not more thantwenty-one days from the date of filing. If the case cannot be heard withintwenty-one days from the date of filing, the initial hearing shall be held assoon as practicable. If the plaintiff requests that the initial hearing beset on a date later than twenty-one days from the date of filing, the initialhearing shall be set on a date the plaintiff is available that is alsoavailable for the court. Such summons shall be served at least ten daysbefore the return day thereof.
(Code 1950, § 8-791; 1954, c. 333; 1966, c. 436; 1968, c. 639; 1972, c. 397;1975, c. 235; 1977, c. 617; 1978, c. 344; 1980, c. 502; 2000, c. 1055; 2008,cc. 551, 691.)
§ 8.01-126. Summons for unlawful detainer issued by magistrate or clerk orjudge of a general district court.
In any case when possession of any house, land or tenement is unlawfullydetained by the person in possession thereof, the landlord, his agent,attorney, or other person, entitled to the possession may present to amagistrate or a clerk or judge of a general district court a statement underoath of the facts which authorize the removal of the tenant or other personin possession, describing such premises; and thereupon such magistrate, clerkor judge shall issue his summons against the person or persons named in suchaffidavit. The process issued upon any such summons issued by a magistrate,clerk or judge may be served as provided in § 8.01-293 and 8.01-296 or8.01-299. When issued by a magistrate it may be returned to and the caseheard and determined by the judge of a general district court. If the summonsfor unlawful detainer is filed to terminate a tenancy pursuant to theVirginia Residential Landlord Tenant Act (§ 55-248.2 et seq.), the initialhearing on such summons shall occur as soon as practicable, but not more thantwenty-one days from the date of filing. If the case cannot be heard withintwenty-one days from the date of filing, the initial hearing shall be held assoon as practicable. If the plaintiff requests that the initial hearing beset on a date later than twenty-one days from the date of filing, the initialhearing shall be set on a date the plaintiff is available that is alsoavailable for the court. Such summons shall be served at least ten daysbefore the return day thereof.
(Code 1950, § 8-791; 1954, c. 333; 1966, c. 436; 1968, c. 639; 1972, c. 397;1975, c. 235; 1977, c. 617; 1978, c. 344; 1980, c. 502; 2000, c. 1055; 2008,cc. 551, 691.)
§ 8.01-126. Summons for unlawful detainer issued by magistrate or clerk orjudge of a general district court.
In any case when possession of any house, land or tenement is unlawfullydetained by the person in possession thereof, the landlord, his agent,attorney, or other person, entitled to the possession may present to amagistrate or a clerk or judge of a general district court a statement underoath of the facts which authorize the removal of the tenant or other personin possession, describing such premises; and thereupon such magistrate, clerkor judge shall issue his summons against the person or persons named in suchaffidavit. The process issued upon any such summons issued by a magistrate,clerk or judge may be served as provided in § 8.01-293 and 8.01-296 or8.01-299. When issued by a magistrate it may be returned to and the caseheard and determined by the judge of a general district court. If the summonsfor unlawful detainer is filed to terminate a tenancy pursuant to theVirginia Residential Landlord Tenant Act (§ 55-248.2 et seq.), the initialhearing on such summons shall occur as soon as practicable, but not more thantwenty-one days from the date of filing. If the case cannot be heard withintwenty-one days from the date of filing, the initial hearing shall be held assoon as practicable. If the plaintiff requests that the initial hearing beset on a date later than twenty-one days from the date of filing, the initialhearing shall be set on a date the plaintiff is available that is alsoavailable for the court. Such summons shall be served at least ten daysbefore the return day thereof.
(Code 1950, § 8-791; 1954, c. 333; 1966, c. 436; 1968, c. 639; 1972, c. 397;1975, c. 235; 1977, c. 617; 1978, c. 344; 1980, c. 502; 2000, c. 1055; 2008,cc. 551, 691.)
