§ 24.2-808 Time of filing and service of complaint; enlargement or amendment of complaint
Overview of Statute
This section provides for the timing of filing and service of complaint. It also prohibits enlargement or amendment of the complaint save by leave of court.
Statute
The contestant shall file his complaint in the clerk’s office of the circuit court within 30 days following the date of the election in the case of a general election, and within 10 days following the date of the election in case of a primary election or special election held on a date other than that of a general election. A copy of the complaint shall be served by the contestant as provided under § 8.01-296 on each contestee; otherwise the complaint shall not be valid. For a contest conducted pursuant to § 24.2-806, the copy of the complaint shall be served by the contestant on each contestee within 30 days following the date of the election in the case of a general election and within 10 days following the date of the election in the case of a primary or special election held on a date other than that of a general election.
No enlargement or amendment of the complaint, except as to form, shall be permitted save by leave of court as provided in Rule 1:8 of the Rules of Supreme Court of Virginia.
Code 1950, § 24-434; 1952, c. 489; 1970, c. 462, § 24.1-241; 1981, c. 570; 1993, c. 641; 2016, cc. 14, 490.
- Cross-References:
- Complaint
- Contests
- Recounts & Contests
1. Definition for General election
An election held in the Commonwealth on the Tuesday after the first Monday in November or on the first Tuesday in May for the purpose of filling offices regularly scheduled by law to be filled at those times.
See § 24.2-101.
2. Definition for Primary election
An election held for the purpose of selecting a candidate to be the nominee of a political party for election to office.
See § 24.2-101.
3. Definition for Special election
Any election that is held pursuant to law to fill a vacancy in office or to hold a referendum.
See § 24.2-101.
4. Definition for Primary
An election held for the purpose of selecting a candidate to be the nominee of a political party for election to office.
See § 24.2-101.
5. Definition for Election
A general, primary, or special election.
See § 24.2-101.
Cases
Virginia Cases
Case Name: Kirk v. Carter
Citation: 117 S.E.2d 135
Year: 1960
Case URL: https://www.ravellaw.com/opinions/b7b981aef34df0dff87de72760b94dd5
Case Summary: Holding that there is no requirement that the complaint be filed prior to the time when it is served on the defendant.