{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-316.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-316.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-316.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-316.html"}],"law_id":66717,"edition_id":1,"section_id":66717,"structure_id":13354,"section_number":"8.01-316","catch_line":"Service by publication; when available","history":"Code 1950, \u00a7 8-71; 1952, c. 522; 1977, c. 617; 1982, c. 384; 1983, c. 467; 1996, c. 352; 1999, c. 353; 2010, c. 827.","full_text":"A\n\nExcept in condemnation actions, an order of publication may be entered against a defendant in the following manner:1\n\nAn affidavit by a party seeking service stating one or more of the following grounds:\n\t\t\t\ta. That the party to be served is (i) a foreign corporation, (ii) a foreign unincorporated association, order, or a foreign unincorporated common carrier, or (iii) a nonresident individual, other than a nonresident individual fiduciary who has appointed a statutory agent under § 64.2-1426; or\n\t\t\t\tb. That diligence has been used without effect to ascertain the location of the party to be served; or\n\t\t\t\tc. That the last known residence of the party to be served was in the county or city in which service is sought and that a return has been filed by the sheriff that the process has been in his hands for twenty-one days and that he has been unable to make service; or2\n\nIn any action, when a pleading (i) states that there are or may be persons, whose names are unknown, interested in the subject to be divided or disposed of; (ii) briefly describes the nature of such interest; and (iii) makes such persons defendants by the general description of “parties unknown”; or3\n\nIn any action, when (i) the number of defendants upon whom process has been served exceeds ten and (ii) it appears by a pleading, or exhibit filed, that such defendants represent like interests with the parties not served with process.\n\t\t\t\tUnder subdivisions 1 and 2 of this subsection, the order of publication may be entered by the clerk of the court. Under this subdivision such order may be entered only by the court. However, any orders not properly entered, but processed by a clerk prior to July 1, 2010, shall be deemed to have been properly entered.\n\t\t\t\tEvery affidavit for an order of publication shall state the last known post office address of the party against whom publication is asked, or if such address is unknown, the affidavit shall state that fact.B\n\nThe cost of such publication shall be paid initially by the party seeking service; however, such costs ultimately may be recoverable pursuant to § 17.1-601.","order_by":null,"text":{"0":{"id":241937,"text":"Except in condemnation actions, an order of publication may be entered against a defendant in the following manner:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":241938,"text":"An affidavit by a party seeking service stating one or more of the following grounds:\n\t\t\t\ta. That the party to be served is (i) a foreign corporation, (ii) a foreign unincorporated association, order, or a foreign unincorporated common carrier, or (iii) a nonresident individual, other than a nonresident individual fiduciary who has appointed a statutory agent under § 64.2-1426; or\n\t\t\t\tb. That diligence has been used without effect to ascertain the location of the party to be served; or\n\t\t\t\tc. That the last known residence of the party to be served was in the county or city in which service is sought and that a return has been filed by the sheriff that the process has been in his hands for twenty-one days and that he has been unable to make service; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":241939,"text":"In any action, when a pleading (i) states that there are or may be persons, whose names are unknown, interested in the subject to be divided or disposed of; (ii) briefly describes the nature of such interest; and (iii) makes such persons defendants by the general description of “parties unknown”; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":241940,"text":"In any action, when (i) the number of defendants upon whom process has been served exceeds ten and (ii) it appears by a pleading, or exhibit filed, that such defendants represent like interests with the parties not served with process.\n\t\t\t\tUnder subdivisions 1 and 2 of this subsection, the order of publication may be entered by the clerk of the court. Under this subdivision such order may be entered only by the court. However, any orders not properly entered, but processed by a clerk prior to July 1, 2010, shall be deemed to have been properly entered.\n\t\t\t\tEvery affidavit for an order of publication shall state the last known post office address of the party against whom publication is asked, or if such address is unknown, the affidavit shall state that fact.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":241941,"text":"The cost of such publication shall be paid initially by the party seeking service; however, such costs ultimately may be recoverable pursuant to § 17.1-601.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3"}},"ancestry":[{"id":13354,"edition_id":1,"name":"Who to Be Served","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13353,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":281529,"object_type":"structure","relational_id":13354,"identifier":"4","token":"8.01\/8\/4","url":"\/8.01\/8\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13353,"edition_id":1,"name":"Process","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":281473,"object_type":"structure","relational_id":13353,"identifier":"8","token":"8.01\/8","url":"\/8.01\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57169,"structure_id":13354,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","url":"\/8.01-296\/","token":"8.01\/8\/4\/8.01-296","metadata":false},{"id":84916,"structure_id":13354,"section_number":"8.01-297","catch_line":"Process on convict defendant","url":"\/8.01-297\/","token":"8.01\/8\/4\/8.01-297","metadata":false},{"id":74903,"structure_id":13354,"section_number":"8.01-298","catch_line":"How summons for witness or juror served","url":"\/8.01-298\/","token":"8.01\/8\/4\/8.01-298","metadata":false},{"id":76632,"structure_id":13354,"section_number":"8.01-299","catch_line":"How process served on domestic stock corporations, nonstock corporations, and limited liability companies generally","url":"\/8.01-299\/","token":"8.01\/8\/4\/8.01-299","metadata":false},{"id":62573,"structure_id":13354,"section_number":"8.01-300","catch_line":"How process served on municipal and county governments and on quasi-governmental entities","url":"\/8.01-300\/","token":"8.01\/8\/4\/8.01-300","metadata":false},{"id":80689,"structure_id":13354,"section_number":"8.01-301","catch_line":"How process served on foreign stock or nonstock corporations and foreign limited liability companies generally","url":"\/8.01-301\/","token":"8.01\/8\/4\/8.01-301","metadata":false},{"id":57428,"structure_id":13354,"section_number":"8.01-302","catch_line":"Repealed","url":"\/8.01-302\/","token":"8.01\/8\/4\/8.01-302","metadata":false},{"id":60079,"structure_id":13354,"section_number":"8.01-303","catch_line":"On whom process served when corporation operated by trustee or receiver","url":"\/8.01-303\/","token":"8.01\/8\/4\/8.01-303","metadata":false},{"id":74972,"structure_id":13354,"section_number":"8.01-304","catch_line":"How process served on copartner or partnership, domestic or foreign limited liability partnership, and domestic or foreign limited partnership","url":"\/8.01-304\/","token":"8.01\/8\/4\/8.01-304","metadata":false},{"id":57093,"structure_id":13354,"section_number":"8.01-304.1","catch_line":"How process served on a business trust","url":"\/8.01-304.1\/","token":"8.01\/8\/4\/8.01-304.1","metadata":false},{"id":86653,"structure_id":13354,"section_number":"8.01-305","catch_line":"Process against unincorporated associations or orders, or unincorporated common carriers","url":"\/8.01-305\/","token":"8.01\/8\/4\/8.01-305","metadata":false},{"id":54446,"structure_id":13354,"section_number":"8.01-306","catch_line":"Process against unincorporated associations or orders, or unincorporated common carriers; principal office outside Virginia and business transactions in Virginia","url":"\/8.01-306\/","token":"8.01\/8\/4\/8.01-306","metadata":false},{"id":71881,"structure_id":13354,"section_number":"8.01-307","catch_line":"Definition of terms \"motor vehicle\" and \"nonresident\" in motor vehicle and aircraft accident cases","url":"\/8.01-307\/","token":"8.01\/8\/4\/8.01-307","metadata":false},{"id":61678,"structure_id":13354,"section_number":"8.01-308","catch_line":"Service on Commissioner of the Department of Motor Vehicles as agent for nonresident motor vehicle operator","url":"\/8.01-308\/","token":"8.01\/8\/4\/8.01-308","metadata":false},{"id":61128,"structure_id":13354,"section_number":"8.01-309","catch_line":"Service on Secretary of Commonwealth as agent of nonresident operator or owner of aircraft","url":"\/8.01-309\/","token":"8.01\/8\/4\/8.01-309","metadata":false},{"id":84659,"structure_id":13354,"section_number":"8.01-310","catch_line":"How service made on Commissioner, Secretary, and Clerk; appointment binding","url":"\/8.01-310\/","token":"8.01\/8\/4\/8.01-310","metadata":false},{"id":80670,"structure_id":13354,"section_number":"8.01-311","catch_line":"Continuance of action where service made on Commissioner, Secretary, and Clerk","url":"\/8.01-311\/","token":"8.01\/8\/4\/8.01-311","metadata":false},{"id":67145,"structure_id":13354,"section_number":"8.01-312","catch_line":"Effect of service on statutory agent; duties of such agent; time for responding to process","url":"\/8.01-312\/","token":"8.01\/8\/4\/8.01-312","metadata":false},{"id":81995,"structure_id":13354,"section_number":"8.01-313","catch_line":"Specific addresses for mailing by statutory agent and resident agent","url":"\/8.01-313\/","token":"8.01\/8\/4\/8.01-313","metadata":false},{"id":85430,"structure_id":13354,"section_number":"8.01-314","catch_line":"Service on attorney after entry of general appearance by such attorney","url":"\/8.01-314\/","token":"8.01\/8\/4\/8.01-314","metadata":false},{"id":83124,"structure_id":13354,"section_number":"8.01-315","catch_line":"Notice to be mailed defendant when service accepted by another","url":"\/8.01-315\/","token":"8.01\/8\/4\/8.01-315","metadata":false},{"id":66717,"structure_id":13354,"section_number":"8.01-316","catch_line":"Service by publication; when available","url":"\/8.01-316\/","token":"8.01\/8\/4\/8.01-316","metadata":false},{"id":58190,"structure_id":13354,"section_number":"8.01-317","catch_line":"What order of publication to state; how published; when publication in newspaper dispensed with; electronic notice","url":"\/8.01-317\/","token":"8.01\/8\/4\/8.01-317","metadata":false},{"id":54333,"structure_id":13354,"section_number":"8.01-318","catch_line":"Within what time after publication case tried or heard; no subsequent publication required","url":"\/8.01-318\/","token":"8.01\/8\/4\/8.01-318","metadata":false},{"id":56410,"structure_id":13354,"section_number":"8.01-319","catch_line":"Publication of interim notice","url":"\/8.01-319\/","token":"8.01\/8\/4\/8.01-319","metadata":false},{"id":76043,"structure_id":13354,"section_number":"8.01-320","catch_line":"Personal service outside of Virginia","url":"\/8.01-320\/","token":"8.01\/8\/4\/8.01-320","metadata":false},{"id":61509,"structure_id":13354,"section_number":"8.01-321","catch_line":"Repealed","url":"\/8.01-321\/","token":"8.01\/8\/4\/8.01-321","metadata":false},{"id":54367,"structure_id":13354,"section_number":"8.01-322","catch_line":"Within what time case reheard on petition of party served by publication, and any injustice corrected","url":"\/8.01-322\/","token":"8.01\/8\/4\/8.01-322","metadata":false},{"id":61401,"structure_id":13354,"section_number":"8.01-323","catch_line":"In what counties city newspapers deemed published for purpose of legal advertisements","url":"\/8.01-323\/","token":"8.01\/8\/4\/8.01-323","metadata":false},{"id":62668,"structure_id":13354,"section_number":"8.01-324","catch_line":"Newspapers that may be used for legal notices and publications","url":"\/8.01-324\/","token":"8.01\/8\/4\/8.01-324","metadata":false},{"id":86831,"structure_id":13354,"section_number":"8.01-325","catch_line":"Return by person serving process","url":"\/8.01-325\/","token":"8.01\/8\/4\/8.01-325","metadata":false},{"id":58455,"structure_id":13354,"section_number":"8.01-326","catch_line":"Return as proof of service","url":"\/8.01-326\/","token":"8.01\/8\/4\/8.01-326","metadata":false},{"id":57208,"structure_id":13354,"section_number":"8.01-326.1","catch_line":"Repealed","url":"\/8.01-326.1\/","token":"8.01\/8\/4\/8.01-326.1","metadata":false},{"id":83256,"structure_id":13354,"section_number":"8.01-327","catch_line":"Acceptance of service of process","url":"\/8.01-327\/","token":"8.01\/8\/4\/8.01-327","metadata":false}],"previous_section":{"id":83124,"structure_id":13354,"section_number":"8.01-315","catch_line":"Notice to be mailed defendant when service accepted by another","url":"\/8.01-315\/","token":"8.01\/8\/4\/8.01-315","metadata":false},"next_section":{"id":58190,"structure_id":13354,"section_number":"8.01-317","catch_line":"What order of publication to state; how published; when publication in newspaper dispensed with; electronic notice","url":"\/8.01-317\/","token":"8.01\/8\/4\/8.01-317","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-316\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 522; in 1977, chapter 617; in 1982, chapter 384; in 1983, chapter 467; in 1996, chapter 352<\/a>; in 1999, chapter 353<\/a>; in 2010, chapter 827<\/a>.<\/p>","references":[{"id":62716,"section_number":"13.1-777","catch_line":"Institution of proceeding to determine shareholders","order_by":null,"url":"\/13.1-777\/"},{"id":63483,"section_number":"15.2-2257","catch_line":"Procedure to modify certain covenants in Shenandoah County","order_by":null,"url":"\/15.2-2257\/"},{"id":86498,"section_number":"16.1-105","catch_line":"Attachments","order_by":null,"url":"\/16.1-105\/"},{"id":79859,"section_number":"16.1-112","catch_line":"All papers transmitted to appellate court; further proceedings","order_by":null,"url":"\/16.1-112\/"},{"id":75806,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","order_by":null,"url":"\/16.1-264\/"},{"id":73490,"section_number":"16.1-277.01","catch_line":"Approval of entrustment agreement","order_by":null,"url":"\/16.1-277.01\/"},{"id":77917,"section_number":"16.1-94.01","catch_line":"When and how satisfaction entered on judgment","order_by":null,"url":"\/16.1-94.01\/"},{"id":56615,"section_number":"20-146.7","catch_line":"Notice to persons outside state","order_by":null,"url":"\/20-146.7\/"},{"id":58072,"section_number":"62.1-107","catch_line":"Application for leave to store floodwaters; notice to interested persons and to State Water Control Board","order_by":null,"url":"\/62.1-107\/"},{"id":68725,"section_number":"64.2-1406","catch_line":"Notice required; certain substitutions validated","order_by":null,"url":"\/64.2-1406\/"},{"id":63400,"section_number":"8.01-261","catch_line":"Category A or preferred venue","order_by":null,"url":"\/8.01-261\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"},{"id":80689,"section_number":"8.01-301","catch_line":"How process served on foreign stock or nonstock corporations and foreign limited liability companies generally","order_by":null,"url":"\/8.01-301\/"},{"id":54446,"section_number":"8.01-306","catch_line":"Process against unincorporated associations or orders, or unincorporated common carriers; principal office outside Virginia and business transactions in Virginia","order_by":null,"url":"\/8.01-306\/"},{"id":71881,"section_number":"8.01-307","catch_line":"Definition of terms \"motor vehicle\" and \"nonresident\" in motor vehicle and aircraft accident cases","order_by":null,"url":"\/8.01-307\/"},{"id":67145,"section_number":"8.01-312","catch_line":"Effect of service on statutory agent; duties of such agent; time for responding to process","order_by":null,"url":"\/8.01-312\/"},{"id":81995,"section_number":"8.01-313","catch_line":"Specific addresses for mailing by statutory agent and resident agent","order_by":null,"url":"\/8.01-313\/"},{"id":58190,"section_number":"8.01-317","catch_line":"What order of publication to state; how published; when publication in newspaper dispensed with; electronic notice","order_by":null,"url":"\/8.01-317\/"},{"id":55282,"section_number":"8.01-394","catch_line":"How contents of any such lost record, etc., proved","order_by":null,"url":"\/8.01-394\/"},{"id":62879,"section_number":"8.01-455","catch_line":"Court, on motion of defendant, etc., may have payment of judgment entered","order_by":null,"url":"\/8.01-455\/"},{"id":87194,"section_number":"8.01-73","catch_line":"Guardian ad litem to be appointed","order_by":null,"url":"\/8.01-73\/"},{"id":78172,"section_number":"8.01-83.2","catch_line":"Notice by posting","order_by":null,"url":"\/8.01-83.2\/"}],"refers_to":[{"id":74651,"section_number":"17.1-601","catch_line":"General rule as to recovery of costs on final judgment","order_by":null,"url":"\/17.1-601\/"},{"id":65308,"section_number":"64.2-1426","catch_line":"Nonresident fiduciaries","order_by":null,"url":"\/64.2-1426\/"}],"permalink":{"id":281615,"object_type":"law","relational_id":66717,"identifier":"8.01-316","token":"8.01\/8\/4\/8.01-316","url":"\/8.01-316\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-316\/","token":"8.01\/8\/4\/8.01-316","dublin_core":{"Title":"Service by publication; when available","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-316","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except in condemnation actions<\/span>, an order<\/span> of publication may be entered against a defendant<\/span> in the following manner: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An affidavit<\/span> by a party<\/span> seeking service stating one or more of the following grounds:\n\t\t\t\ta. That the party<\/span> to be served is (i) a foreign corporation, (ii) a foreign unincorporated association, order<\/span>, or a foreign unincorporated common carrier, or (iii) a nonresident individual, other than a nonresident individual fiduciary<\/span> who has appointed a statutory agent<\/span> under § 64.2-1426<\/a>; or\n\t\t\t\tb. That diligence has been used without effect to ascertain the location of the party<\/span> to be served; or\n\t\t\t\tc. That the last known residence of the party<\/span> to be served was in the county or city in which service is sought and that a return has been filed by the sheriff<\/span> that the process has been in his hands for twenty-one days and that he has been unable to make service; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In any action<\/span>, when a pleading (i) states that there are or may be persons<\/span>, whose names are unknown, interested in the subject to be divided or disposed of; (ii) briefly describes the nature of such interest; and (iii) makes such persons<\/span> defendants<\/span> by the general description of “parties unknown”; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In any action<\/span>, when (i) the number of defendants<\/span> upon whom process has been served exceeds ten and (ii) it appears by a pleading, or exhibit filed, that such defendants<\/span> represent like interests with the parties not served with process.\n\t\t\t\tUnder subdivisions 1 and 2 of this subsection, the order<\/span> of publication may be entered by the clerk of the court<\/span>. Under this subdivision such order<\/span> may be entered only by the court<\/span>. However, any orders<\/span> not properly entered, but processed by a clerk prior to July 1, 2010, shall be deemed to have been properly entered.\n\t\t\t\tEvery affidavit<\/span> for an order<\/span> of publication shall state the last known post office address of the party<\/span> against whom publication is asked, or if such address is unknown, the affidavit<\/span> shall state that fact<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The cost of such publication shall be paid initially by the party<\/span> seeking service; however, such costs ultimately may be recoverable pursuant to § 17.1-601<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSERVICE BY PUBLICATION; WHEN AVAILABLE (\u00a7 8.01-316)\n\nA. Except in condemnation actions, an order of publication may be entered\nagainst a defendant in the following manner:\n\n 1. An affidavit by a party seeking service stating one or more of the\n following grounds:\n \t\t\t\ta. That the party to be served is (i) a foreign corporation, (ii) a\n foreign unincorporated association, order, or a foreign unincorporated common\n carrier, or (iii) a nonresident individual, other than a nonresident\n individual fiduciary who has appointed a statutory agent under §\n 64.2-1426; or\n \t\t\t\tb. That diligence has been used without effect to ascertain the location\n of the party to be served; or\n \t\t\t\tc. That the last known residence of the party to be served was in the\n county or city in which service is sought and that a return has been filed by\n the sheriff that the process has been in his hands for twenty-one days and\n that he has been unable to make service; or\n\n 2. In any action, when a pleading (i) states that there are or may be persons,\n whose names are unknown, interested in the subject to be divided or disposed\n of; (ii) briefly describes the nature of such interest; and (iii) makes such\n persons defendants by the general description of “parties\n unknown”; or\n\n 3. In any action, when (i) the number of defendants upon whom process has been\n served exceeds ten and (ii) it appears by a pleading, or exhibit filed, that\n such defendants represent like interests with the parties not served with\n process.\n \t\t\t\tUnder subdivisions 1 and 2 of this subsection, the order of publication\n may be entered by the clerk of the court. Under this subdivision such order\n may be entered only by the court. However, any orders not properly entered,\n but processed by a clerk prior to July 1, 2010, shall be deemed to have been\n properly entered.\n \t\t\t\tEvery affidavit for an order of publication shall state the last known\n post office address of the party against whom publication is asked, or if such\n address is unknown, the affidavit shall state that fact.\n\nB. The cost of such publication shall be paid initially by the party seeking\nservice; however, such costs ultimately may be recoverable pursuant to §\n17.1-601.\n\nHISTORY: Code 1950, \u00a7 8-71; 1952, c. 522; 1977, c. 617; 1982, c. 384; 1983, c.\n467; 1996, c. 352; 1999, c. 353; 2010, c. 827.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}