{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-319.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-319.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-319.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-319.html"}],"law_id":56410,"edition_id":1,"section_id":56410,"structure_id":13354,"section_number":"8.01-319","catch_line":"Publication of interim notice","history":"Code 1950, \u00a7 8-76; 1950, p. 68; 1954, c. 333; 1960, c. 16; 1970, cc. 241, 279; 1977, c. 617; 1978, c. 676; 1979, c. 464; 1982, c. 384.","full_text":"A\n\nIn any case in which a nonresident party or party originally served by publication has been served as provided by law, and notice of further proceedings in the case is required but no method of service thereof is prescribed either by statute or by order or rule of court, such notice may be served by publication thereof once each week for two successive weeks in a newspaper published or circulated in the city or county in which the original proceedings are pending. If the original proceedings were instituted by order of publication, then the publication of such notice of additional or further proceedings shall be made in the same newspaper. A party, who appears pro se in an action, shall file with the clerk of the court in which the action is pending a written statement of his place of residence and mailing address, and shall inform the clerk in writing of any changes of residence and mailing address during the pendency of the action. The clerk and all parties to the action may rely on the last written statement filed as aforesaid. The court in which the action is pending may dispense with such notice for failure of the party to file the statement herein provided for or may require notice to be given in such manner as the court may determine.B\n\nNotwithstanding any provision to the contrary in paragraph A hereof, depositions may be taken, testimony heard and orders and decrees entered without an order of publication, when the defendant has been legally served with or has accepted service of process to commence a suit for divorce or for annulling or affirming a marriage, and he or she or the plaintiff:1\n\nShall thereafter become a nonresident; or2\n\nShall remove from the county or city in which the suit is pending, if a resident thereof, or in which he or she resided at the time of the institution of the suit, or was served with process, without having filed with the clerk of the court where the suit is pending a written statement of his or her intended future place of residence, and a like statement of subsequent changes of residence; or3\n\nWhen after such written statement has been filed with the clerk, notice shall have been served upon him or her at the last place of residence given in the written statement as provided by law; or4\n\nCould not be found by the sheriff of the county or city for the service of the notice, and the party sending the service makes affidavit that he has used due diligence to find the adverse party without success. If such absent party has an attorney of record in such suit, notice shall be served on such attorney, as provided by § 8.01-314.C\n\nThis section shall not apply to orders of publication in condemnation actions.","order_by":null,"text":{"0":{"id":206540,"text":"In any case in which a nonresident party or party originally served by publication has been served as provided by law, and notice of further proceedings in the case is required but no method of service thereof is prescribed either by statute or by order or rule of court, such notice may be served by publication thereof once each week for two successive weeks in a newspaper published or circulated in the city or county in which the original proceedings are pending. If the original proceedings were instituted by order of publication, then the publication of such notice of additional or further proceedings shall be made in the same newspaper. A party, who appears pro se in an action, shall file with the clerk of the court in which the action is pending a written statement of his place of residence and mailing address, and shall inform the clerk in writing of any changes of residence and mailing address during the pendency of the action. The clerk and all parties to the action may rely on the last written statement filed as aforesaid. The court in which the action is pending may dispense with such notice for failure of the party to file the statement herein provided for or may require notice to be given in such manner as the court may determine.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":206541,"text":"Notwithstanding any provision to the contrary in paragraph A hereof, depositions may be taken, testimony heard and orders and decrees entered without an order of publication, when the defendant has been legally served with or has accepted service of process to commence a suit for divorce or for annulling or affirming a marriage, and he or she or the plaintiff:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":206542,"text":"Shall thereafter become a nonresident; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":206543,"text":"Shall remove from the county or city in which the suit is pending, if a resident thereof, or in which he or she resided at the time of the institution of the suit, or was served with process, without having filed with the clerk of the court where the suit is pending a written statement of his or her intended future place of residence, and a like statement of subsequent changes of residence; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":206544,"text":"When after such written statement has been filed with the clerk, notice shall have been served upon him or her at the last place of residence given in the written statement as provided by law; or","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":206545,"text":"Could not be found by the sheriff of the county or city for the service of the notice, and the party sending the service makes affidavit that he has used due diligence to find the adverse party without success. If such absent party has an attorney of record in such suit, notice shall be served on such attorney, as provided by § 8.01-314.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":206546,"text":"This section shall not apply to orders of publication in condemnation actions.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-319\/","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 1954, chapter 333; in 1960, chapter 16; in 1970, chapters 241 and 279; in 1977, chapter 617; in 1978, chapter 676; in 1979, chapter 464; in 1982, chapter 384.<\/p>","references":[{"id":74812,"section_number":"55.1-344","catch_line":"Releases made by court; costs and attorney fees","order_by":null,"url":"\/55.1-344\/"},{"id":79493,"section_number":"8.01-593","catch_line":"Subsequent proceedings after emergency appointment","order_by":null,"url":"\/8.01-593\/"}],"refers_to":false,"permalink":{"id":281627,"object_type":"law","relational_id":56410,"identifier":"8.01-319","token":"8.01\/8\/4\/8.01-319","url":"\/8.01-319\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-319\/","token":"8.01\/8\/4\/8.01-319","dublin_core":{"Title":"Publication of interim notice","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-319","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any case in which a nonresident party<\/span> or party<\/span> originally served by publication has been served as provided by law<\/span>, and notice of further proceedings in the case is required but no method of service thereof is prescribed either by statute<\/span> or by order<\/span> or rule of court<\/span>, such notice may be served by publication thereof once each week for two successive weeks in a newspaper published or circulated in the city or county in which the original proceedings are pending. If the original proceedings were instituted by order<\/span> of publication, then the publication of such notice of additional or further proceedings shall be made in the same newspaper. A party<\/span>, who appears pro se<\/span> in an action<\/span>, shall file with the clerk of the court<\/span> in which the action<\/span> is pending a written statement of his place of residence and mailing address, and shall inform the clerk in writing of any changes of residence and mailing address during the pendency of the action<\/span>. The clerk and all parties to the action<\/span> may rely on the last written statement filed as aforesaid. The court<\/span> in which the action<\/span> is pending may dispense with such notice for failure of the party<\/span> to file the statement herein provided for or may require notice to be given in such manner as the court<\/span> may determine. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any provision to the contrary in paragraph A hereof, depositions<\/span> may be taken, testimony<\/span> heard and orders<\/span> and decrees<\/span> entered without an order<\/span> of publication, when the defendant<\/span> has been legally served with or has accepted service of process<\/span> to commence a suit<\/span> for divorce or for annulling or affirming a marriage, and he or she or the plaintiff<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Shall thereafter become a nonresident; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Shall remove from the county or city in which the suit<\/span> is pending, if a resident thereof, or in which he or she resided at the time of the institution of the suit<\/span>, or was served with process, without having filed with the clerk of the court<\/span> where the suit<\/span> is pending a written statement of his or her intended future place of residence, and a like statement of subsequent changes of residence; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> When after such written statement has been filed with the clerk, notice shall have been served upon him or her at the last place of residence given in the written statement as provided by law<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Could not be found by the sheriff<\/span> of the county or city for the service of the notice, and the party<\/span> sending the service makes affidavit<\/span> that he has used due diligence to find the adverse party<\/span> without success. If such absent party<\/span> has an attorney of record in such suit<\/span>, notice shall be served on such attorney, as provided by § 8.01-314<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> This section shall not apply to orders<\/span> of publication in condemnation actions<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPUBLICATION OF INTERIM NOTICE (\u00a7 8.01-319)\n\nA. In any case in which a nonresident party or party originally served by\npublication has been served as provided by law, and notice of further\nproceedings in the case is required but no method of service thereof is\nprescribed either by statute or by order or rule of court, such notice may be\nserved by publication thereof once each week for two successive weeks in a\nnewspaper published or circulated in the city or county in which the original\nproceedings are pending. If the original proceedings were instituted by order of\npublication, then the publication of such notice of additional or further\nproceedings shall be made in the same newspaper. A party, who appears pro se in\nan action, shall file with the clerk of the court in which the action is pending\na written statement of his place of residence and mailing address, and shall\ninform the clerk in writing of any changes of residence and mailing address\nduring the pendency of the action. The clerk and all parties to the action may\nrely on the last written statement filed as aforesaid. The court in which the\naction is pending may dispense with such notice for failure of the party to file\nthe statement herein provided for or may require notice to be given in such\nmanner as the court may determine.\n\nB. Notwithstanding any provision to the contrary in paragraph A hereof,\ndepositions may be taken, testimony heard and orders and decrees entered without\nan order of publication, when the defendant has been legally served with or has\naccepted service of process to commence a suit for divorce or for annulling or\naffirming a marriage, and he or she or the plaintiff:\n\n 1. Shall thereafter become a nonresident; or\n\n 2. Shall remove from the county or city in which the suit is pending, if a\n resident thereof, or in which he or she resided at the time of the institution\n of the suit, or was served with process, without having filed with the clerk\n of the court where the suit is pending a written statement of his or her\n intended future place of residence, and a like statement of subsequent changes\n of residence; or\n\n 3. When after such written statement has been filed with the clerk, notice\n shall have been served upon him or her at the last place of residence given in\n the written statement as provided by law; or\n\n 4. Could not be found by the sheriff of the county or city for the service of\n the notice, and the party sending the service makes affidavit that he has used\n due diligence to find the adverse party without success. If such absent party\n has an attorney of record in such suit, notice shall be served on such\n attorney, as provided by § 8.01-314.\n\nC. This section shall not apply to orders of publication in condemnation\nactions.\n\nHISTORY: Code 1950, \u00a7 8-76; 1950, p. 68; 1954, c. 333; 1960, c. 16; 1970, cc.\n241, 279; 1977, c. 617; 1978, c. 676; 1979, c. 464; 1982, c. 384.","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}}