{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-322.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-322.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-322.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-322.html"}],"law_id":54367,"edition_id":1,"section_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","history":"Code 1950, \u00a7 8-78; 1977, c. 617.","full_text":"If a party against whom service by publication is had under this chapter did not appear before the date of judgment against him, then such party or his representative may petition to have the case reheard, may plead or answer, and may have any injustice in the proceeding corrected within the following time and not after:\n\n1\n\nWithin two years after the rendition of such judgment, decree or order; but2\n\nIf the party has been served with a copy of such judgment, decree, or order more than a year before the end of such two-year period, then within one year of such service.\n\t\t\tFor the purpose of subdivision 2 of this section, service may be made in any manner provided in this chapter except by order of publication, but including personal or substituted service on the party to be served, and personal service out of the Commonwealth by any person of eighteen years or older and who is not a party or otherwise interested in the subject matter in controversy.","order_by":null,"text":{"0":{"id":199625,"text":"If a party against whom service by publication is had under this chapter did not appear before the date of judgment against him, then such party or his representative may petition to have the case reheard, may plead or answer, and may have any injustice in the proceeding corrected within the following time and not after:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":199626,"text":"Within two years after the rendition of such judgment, decree or order; but","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":199627,"text":"If the party has been served with a copy of such judgment, decree, or order more than a year before the end of such two-year period, then within one year of such service.\n\t\t\tFor the purpose of subdivision 2 of this section, service may be made in any manner provided in this chapter except by order of publication, but including personal or substituted service on the party to be served, and personal service out of the Commonwealth by any person of eighteen years or older and who is not a party or otherwise interested in the subject matter in controversy.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-322\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 1977, chapter 617.<\/p>","references":[{"id":62535,"section_number":"58.1-3967","catch_line":"How proceedings instituted; parties; procedure generally; title acquired; disposition of surplus proceeds of sale","order_by":null,"url":"\/58.1-3967\/"},{"id":68725,"section_number":"64.2-1406","catch_line":"Notice required; certain substitutions validated","order_by":null,"url":"\/64.2-1406\/"},{"id":55670,"section_number":"8.01-23","catch_line":"Decree in suit when number of parties exceeds 30 and one of them dies","order_by":null,"url":"\/8.01-23\/"},{"id":59330,"section_number":"8.01-428","catch_line":"Setting aside default judgments; clerical mistakes; independent actions to relieve party from judgment or proceedings; grounds and time limitations","order_by":null,"url":"\/8.01-428\/"}],"refers_to":false,"permalink":{"id":281639,"object_type":"law","relational_id":54367,"identifier":"8.01-322","token":"8.01\/8\/4\/8.01-322","url":"\/8.01-322\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-322\/","token":"8.01\/8\/4\/8.01-322","dublin_core":{"Title":"Within what time case reheard on petition of party served by publication, and any injustice corrected","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-322","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>If a <span class=\"dictionary\">party<\/span> against whom service by publication is had under this chapter did not appear before the date of <span class=\"dictionary\">judgment<\/span> against him, then such <span class=\"dictionary\">party<\/span> or his representative may <span class=\"dictionary\">petition<\/span> to have the case reheard, may plead or answer, and may have any injustice in the proceeding corrected within the following time and not after:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> Within two years after the rendition of such <span class=\"dictionary\">judgment<\/span>, <span class=\"dictionary\">decree<\/span> or <span class=\"dictionary\">order<\/span>; but <a id=\"paragraph-199626\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-322\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> If the <span class=\"dictionary\">party<\/span> has been served with a copy of such <span class=\"dictionary\">judgment<\/span>, <span class=\"dictionary\">decree<\/span>, or <span class=\"dictionary\">order<\/span> more than a year before the end of such two-year period, then within one year of such service.\n\t\t\tFor the purpose of subdivision 2 of this section, service may be made in any manner provided in this chapter except by <span class=\"dictionary\">order<\/span> of publication, but including personal or substituted service on the <span class=\"dictionary\">party<\/span> to be served, and personal service out of the Commonwealth by any <span class=\"dictionary\">person<\/span> of eighteen years or older and who is not a <span class=\"dictionary\">party<\/span> or otherwise interested in the subject matter in controversy. <a id=\"paragraph-199627\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-322\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nWITHIN WHAT TIME CASE REHEARD ON PETITION OF PARTY SERVED BY PUBLICATION, AND\nANY INJUSTICE CORRECTED (\u00a7 8.01-322)\n\nIf a party against whom service by publication is had under this chapter did not\nappear before the date of judgment against him, then such party or his\nrepresentative may petition to have the case reheard, may plead or answer, and\nmay have any injustice in the proceeding corrected within the following time and\nnot after:\n\n1. Within two years after the rendition of such judgment, decree or order; but\n\n2. If the party has been served with a copy of such judgment, decree, or order\nmore than a year before the end of such two-year period, then within one year of\nsuch service.\n\t\t\tFor the purpose of subdivision 2 of this section, service may be made in any\nmanner provided in this chapter except by order of publication, but including\npersonal or substituted service on the party to be served, and personal service\nout of the Commonwealth by any person of eighteen years or older and who is not\na party or otherwise interested in the subject matter in controversy.\n\nHISTORY: Code 1950, \u00a7 8-78; 1977, c. 617.","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}}