Virginia § 8.01-322 Within what time case reheard on petition of party served by publication, and any injustice corrected

Virginia Statutes

§ 8.01-322 — Within what time case reheard on petition of party served by publication, and any injustice corrected

Virginia § 8.01-322

Title 8.01Civil Remedies and Procedure

Ch. 8PROCESS

Art. 4WHO TO BE SERVED

This text of Virginia § 8.01-322 (Within what time case reheard on petition of party served by publication, and any injustice corrected) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 8.01-322 (2026).

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:

1.Within two years after the rendition of such judgment, decree or order; but

2.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. For 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 per

Free access — add to your briefcase to read the full text and ask questions with AI

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:

1. Within two years after the rendition of such judgment, decree or order; but

2. 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.

For 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.