Rules 2:4 and 3:3(c) of the Rules of Virginia Supreme Court ("Rules of Court") require the dismissal of an action if service of process is not accomplished within one year after the filing thereof unless the plaintiff can show "due diligence" or good cause for the delay. Since the plaintiff can get personal service on a defendant who has absconded by means of the general long arm statute, it will be a heavy burden in practice to show due diligence or good cause or it will be a highly unusual situation. Recently, two issues have arisen regarding these rules.
W. H. Bryson,
Annual Survey of Virginia Law: Civil Procedure and Practice,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol23/iss4/5