8.01-319 - Publication of interim notice.
§ 8.01-319. Publication of interim notice.
A. In any case in which a nonresident party or party originally served bypublication has been served as provided by law, and notice of furtherproceedings in the case is required but no method of service thereof isprescribed either by statute or by order or rule of court, such notice may beserved by publication thereof once each week for two successive weeks in anewspaper published or circulated in the city or county in which the originalproceedings are pending. If the original proceedings were instituted by orderof publication, then the publication of such notice of additional or furtherproceedings shall be made in the same newspaper. A party, who appears pro sein an action, shall file with the clerk of the court in which the action ispending a written statement of his place of residence and mailing address,and shall inform the clerk in writing of any changes of residence and mailingaddress during the pendency of the action. The clerk and all parties to theaction may rely on the last written statement filed as aforesaid. The courtin which the action is pending may dispense with such notice for failure ofthe party to file the statement herein provided for or may require notice tobe given in such manner as the court may determine.
B. Notwithstanding any provision to the contrary in paragraph A hereof,depositions may be taken, testimony heard and orders and decrees enteredwithout an order of publication, when the defendant has been legally servedwith or has accepted service of process to commence a suit for divorce or forannulling or affirming a marriage, and he or she or the plaintiff:
1. Shall thereafter become a nonresident; or
2. Shall remove from the county or city in which the suit is pending, if aresident thereof, or in which he or she resided at the time of theinstitution of the suit, or was served with process, without having filedwith the clerk of the court where the suit is pending a written statement ofhis or her intended future place of residence, and a like statement ofsubsequent changes of residence; or
3. When after such written statement has been filed with the clerk, noticeshall have been served upon him or her at the last place of residence givenin the written statement as provided by law; or
4. Could not be found by the sheriff of the county or city for the service ofthe notice, and the party sending the service makes affidavit that he hasused due diligence to find the adverse party without success. If such absentparty has an attorney of record in such suit, notice shall be served on suchattorney, as provided by § 8.01-314.
C. This section shall not apply to orders of publication in condemnationactions.
(Code 1950, § 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.)