CODE OF VIRGINIA

WITHIN WHAT TIME CASE REHEARD ON PETITION OF PARTY SERVED BY PUBLICATION, AND
ANY INJUSTICE CORRECTED (§ 8.01-322)

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.

HISTORY: Code 1950, § 8-78; 1977, c. 617.