8.01-316 - Service by publication; when available.
§ 8.01-316. Service by publication; when available.
A. Except in condemnation actions, an order of publication may be enteredagainst a defendant in the following manner:
1. An affidavit by a party seeking service stating one or more of thefollowing grounds:
a. That the party to be served is (i) a foreign corporation, (ii) a foreignunincorporated association, order, or a foreign unincorporated commoncarrier, or (iii) a nonresident individual, other than a nonresidentindividual fiduciary who has appointed a statutory agent under § 26-59; or
b. That diligence has been used without effect to ascertain the location ofthe party to be served; or
c. That the last known residence of the party to be served was in the countyor city in which service is sought and that a return has been filed by thesheriff that the process has been in his hands for twenty-one days and thathe has been unable to make service; or
2. In any action, when a pleading (i) states that there are or may bepersons, whose names are unknown, interested in the subject to be divided ordisposed of; (ii) briefly describes the nature of such interest; and (iii)makes such persons defendants by the general description of "partiesunknown"; or
3. In any action, when (i) the number of defendants upon whom process hasbeen served exceeds ten and (ii) it appears by a pleading, or exhibit filed,that such defendants represent like interests with the parties not servedwith process.
Under subdivisions 1 and 2 of this subsection, the order of publication maybe entered by the clerk of the court. Under this subdivision such order maybe entered only by the court. However, any orders not properly entered, butprocessed by a clerk prior to July 1, 2010, shall be deemed to have beenproperly entered.
Every affidavit for an order of publication shall state the last known postoffice address of the party against whom publication is asked, or if suchaddress is unknown, the affidavit shall state that fact.
B. The cost of such publication shall be paid initially by the party seekingservice; however, such costs ultimately may be recoverable pursuant to §17.1-601.
(Code 1950, § 8-71; 1952, c. 522; 1977, c. 617; 1982, c. 384; 1983, c. 467;1996, c. 352; 1999, c. 353; 2010, c. 827.)