If after an order of publication has been executed, the defendants or unknown parties against whom it is entered shall not appear on or before the date specified in such order, the case may be tried or heard as to them. When the provisions of § 8.01-317 have been complied with, no other publication or notice shall thereafter be required in any proceeding in court, or before a commissioner, or for the purpose of taking depositions, unless specifically ordered by the court as to such defendants or unknown parties.
§ 8.01-318.Within what time after publication case tried or heard; no subsequent publication required.
Chapter 8. Process · Article 4. Who to Be Served · Last amended 2025 · Last verified July 16, 2026
In one sentenceSection 8.01-318 lets a case proceed to trial or hearing against a defendant or unknown party who fails to appear by the date stated in an executed order of publication, and, once § 8.01-317's requirements are satisfied, requires no further publication or notice in that proceeding unless the court specifically orders it.
Full Text of § 8.01-318
Plain-English Summary
Publication cannot go on indefinitely, and Section 8.01-318 marks the point where the case moves forward regardless of whether the published-against defendants ever show up. If, after an order of publication has been executed, the defendants or unknown parties named in it do not appear by the date the order specifies, the case may be tried or heard as to them.
Once the requirements of § 8.01-317 have been satisfied, the section also relieves the parties of any further publication burden: no other publication or notice is required afterward in any proceeding in court, before a commissioner, or for taking depositions, unless the court specifically orders otherwise as to those defendants or unknown parties. That default rule keeps a single completed round of publication from generating repeated notice obligations throughout the rest of the litigation.
Frequently Asked Questions
What happens if a defendant served by publication never appears?
The case may be tried or heard as to that defendant once the appearance date stated in the order has passed.
Does the plaintiff have to keep publishing notice throughout the case?
No. Once § 8.01-317's requirements are satisfied, no further publication or notice is required unless the court specifically orders it.
Does this apply to taking depositions too?
Yes. The no-further-notice rule covers proceedings in court, before a commissioner, and for the purpose of taking depositions.
Can the court still require additional notice if it wants to?
Yes. The court retains discretion to order further notice specifically as to those defendants or unknown parties.
What has to happen before a court can rely on this section?
The order of publication must have been executed, and the requirements of § 8.01-317 must have been complied with.
Amendment History
Code 1950, § 8-73; 1968, c. 456; 1977, c. 617; 2025, c. 267.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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