7887798.01-316Virginia Decodedhttps://vacode.org2016Civil Remedies And ProcedureProcessWho To Be ServedService by publication; when availableCode 1950, § 8-71; 1952, c. 522; 1977, c. 617; 1982, c. 384; 1983, c. 467; 1996, c. 352; 1999, c. 353; 2010, c. 827.Dennis v. JonesRecord No. 890868393 S.E.2d 3901990-06-08https://www.courtlistener.com/opinion/1242474/dennis-v-jones/ . . . be issued under the provisions of § 8.01-316." . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Baker v. Com.1436974504 S.E.2d 3941998-09-15https://www.courtlistener.com/opinion/1066694/baker-v-com/ . . . publication in accordance with the provisions of §§ 8.01-316 and 8.01-317. . . . <abbr title="Court of Appeals">COA</abbr>Carlton v. PaxtonRecord No. 0887-90-3415 S.E.2d 6001992-05-21https://www.courtlistener.com/opinion/1369625/carlton-v-paxton/ . . . publication failed to comply with Code §§ 8.01-316 and 8.01-317. . . . <abbr title="Court of Appeals">COA</abbr>STB Marketing Corp. v. ZolfaghariRecord No. 891212393 S.E.2d 3941990-06-08https://www.courtlistener.com/opinion/1242626/stb-marketing-corp-v-zolfaghari/ . . . today ("diligence," as used in Code § 8.01-316(1)(b) setting forth requirements for order of . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Khanna v. KhannaRecord No. 0562-93-4443 S.E.2d 9241994-05-17https://www.courtlistener.com/opinion/1334249/khanna-v-khanna/ . . . than personal service on wife pursuant to Code § 8.01-316(1)(b), and filed an affidavit of due . . . <abbr title="Court of Appeals">COA</abbr>DEPT. of SOCIAL SERVICES v. Unnamed Mother348 S.E.2d 261986-09-02https://www.courtlistener.com/opinion/1341778/dept-of-social-services-v-unnamed-mother/ . . . by an order of publication pursuant to Code | 8.01-316.2. For this reason, the Court reversed the . . . <abbr title="Court of Appeals">COA</abbr>In Re Johnson10-12535-RGM466 B.R. 672012-02-10https://www.courtlistener.com/opinion/2203330/in-re-johnson/ . . . is required to be published and posted under §§ 8.01-316 and 8.01-317. Upon a like motion and . . . United States Bankruptcy Court, E.D. VirginiaDennis v. JonesRecord No. 890868393 S.E.2d 3901990-06-08https://www.courtlistener.com/opinion/1242474/dennis-v-jones/ . . . be issued under the provisions of § 8.01-316." . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Baker v. Com.1436974504 S.E.2d 3941998-09-15https://www.courtlistener.com/opinion/1066694/baker-v-com/ . . . publication in accordance with the provisions of §§ 8.01-316 and 8.01-317. . . . <abbr title="Court of Appeals">COA</abbr>Carlton v. PaxtonRecord No. 0887-90-3415 S.E.2d 6001992-05-21https://www.courtlistener.com/opinion/1369625/carlton-v-paxton/ . . . publication failed to comply with Code §§ 8.01-316 and 8.01-317. . . . <abbr title="Court of Appeals">COA</abbr>STB Marketing Corp. v. ZolfaghariRecord No. 891212393 S.E.2d 3941990-06-08https://www.courtlistener.com/opinion/1242626/stb-marketing-corp-v-zolfaghari/ . . . today ("diligence," as used in Code § 8.01-316(1)(b) setting forth requirements for order of . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Khanna v. KhannaRecord No. 0562-93-4443 S.E.2d 9241994-05-17https://www.courtlistener.com/opinion/1334249/khanna-v-khanna/ . . . than personal service on wife pursuant to Code § 8.01-316(1)(b), and filed an affidavit of due . . . <abbr title="Court of Appeals">COA</abbr>DEPT. of SOCIAL SERVICES v. Unnamed Mother348 S.E.2d 261986-09-02https://www.courtlistener.com/opinion/1341778/dept-of-social-services-v-unnamed-mother/ . . . by an order of publication pursuant to Code | 8.01-316.2. For this reason, the Court reversed the . . . <abbr title="Court of Appeals">COA</abbr>In Re Johnson10-12535-RGM466 B.R. 672012-02-10https://www.courtlistener.com/opinion/2203330/in-re-johnson/ . . . is required to be published and posted under §§ 8.01-316 and 8.01-317. Upon a like motion and . . . United States Bankruptcy Court, E.D. Virginiahttp://law.lis.virginia.gov/vacode/8.01-316/17.1-601General rule as to recovery of costs on final judgment/17.1-601//8.01-316/8.01/8/4/8.01-31613.1-77716.1-10516.1-11216.1-11216.1-26416.1-94.0120-146.758.1-396762.1-10764.2-140664.2-4498.01-3068.01-3128.01-3178.01-3948.01-4558.01-73Except in condemnation actions, an order of publication may be entered against a defendant in the following manner:sectionAA1 An affidavit by a party seeking service stating one or more of the following grounds:
sectionA1A12 That the party to be served is (i) a foreign corporation, (ii) a foreign unincorporated association, order, or a foreign unincorporated common carrier, or (iii) a nonresident individual, other than a nonresident individual fiduciary who has appointed a statutory agent under § 64.2-1426; orsectionA1aA1a3 That diligence has been used without effect to ascertain the location of the party to be served; orsectionA1bA1b3 That the last known residence of the party to be served was in the county or city in which service is sought and that a return has been filed by the sheriff that the process has been in his hands for twenty-one days and that he has been unable to make service; orsectionA1cA1c3 In any action, when (i) the number of defendants upon whom process has been served exceeds ten and (ii) it appears by a pleading, or exhibit filed, that such defendants represent like interests with the parties not served with process.Under subdivisions 1 and 2 of this subsection, the order of publication may be entered by the clerk of the court. Under this subdivision such order may be entered only by the court. However, any orders not properly entered, but processed by a clerk prior to July 1, 2010, shall be deemed to have been properly entered.Every affidavit for an order of publication shall state the last known post office address of the party against whom publication is asked, or if such address is unknown, the affidavit shall state that fact.sectionA3A32The cost of such publication shall be paid initially by the party seeking service; however, such costs ultimately may be recoverable pursuant to § 17.1-601.sectionBB1