A. Except as provided in § 8.01-277, a person waives any objection to personal jurisdiction or defective process if he engages in conduct related to adjudicating the merits of the case, including, but not limited to: 1. Filing a demurrer, plea in bar, answer, counterclaim, cross-claim, or third-party claim; 2. Conducting discovery, except as provided in subsection B; 3. Seeking a ruling on the merits of the case; or 4. Actively participating in proceedings related to determining the merits of the case. B. A person does not waive any objection to personal jurisdiction or defective process if he engages in conduct unrelated to adjudicating the merits of the case, including, but not limited to: 1. Requesting or agreeing to an extension of time; 2. Agreeing to a scheduling order; 3. Conducting discovery authorized by the court related to adjudicating the objection; 4. Observing or attending proceedings in the case; 5. Filing a motion to transfer venue pursuant to § 8.01-264 when such motion is filed contemporaneously with the objection; or 6. Removing the case to federal court. 2011, c. 710.
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