A. In any case in which a nonresident party or party originally served by publication has been served as provided by law, and notice of further proceedings in the case is required but no method of service thereof is prescribed either by statute or by order or rule of court, such notice may be served by publication thereof once each week for two successive weeks in a newspaper published or circulated in the city or county in which the original proceedings are pending. If the original proceedings were instituted by order of publication, then the publication of such notice of additional or further proceedings shall be made in the same newspaper. A party, who appears pro se in an action, shall file with the clerk of the court in which the action is pending a written statement of his place of residence and mailing address, and shall inform the clerk in writing of any changes of residence and mailing address during the pendency of the action. The clerk and all parties to the action may rely on the last written statement filed as aforesaid. The court in which the action is pending may dispense with such notice for failure of the party to file the statement herein provided for or may require notice to be given in such manner as the court may determine.
§ 8.01-319.Publication of interim notice.
Chapter 8. Process · Article 4. Who to Be Served · Last amended 1982 · Last verified July 16, 2026
In one sentenceSection 8.01-319 lets notice of further proceedings against a nonresident or originally-published-against party be given by two weeks of newspaper publication when no other method applies, requires pro se parties to keep an address on file with the clerk, and separately lets divorce and annulment cases continue without another order of publication in specified circumstances.
Full Text of § 8.01-319
B. Notwithstanding any provision to the contrary in paragraph A hereof, depositions may be taken, testimony heard and orders and decrees entered without an order of publication, when the defendant has been legally served with or has accepted service of process to commence a suit for divorce or for annulling 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 a resident thereof, or in which he or she resided at the time of the institution of the suit, or was served with process, without having filed with the clerk of the court where the suit is pending a written statement of his or her intended future place of residence, and a like statement of subsequent changes of residence; or
3. When after such written statement has been filed with the clerk, notice shall have been served upon him or her at the last place of residence given in the written statement as provided by law; or
4. Could not be found by the sheriff of the county or city for the service of the notice, and the party sending the service makes affidavit that he has used due diligence to find the adverse party without success. If such absent party has an attorney of record in such suit, notice shall be served on such attorney, as provided by § 8.01-314.
C. This section shall not apply to orders of publication in condemnation actions.
Plain-English Summary
After a nonresident or originally-published-against party has been properly served, later proceedings in the case still sometimes require notice, even though no statute or court rule prescribes exactly how to give it. Subsection A fills that gap: such notice may be served by publication once a week for two successive weeks in a newspaper published or circulated where the original proceedings are pending, using the same newspaper the original order of publication used, if there was one.
The subsection also polices self-represented litigants: a party appearing pro se must file with the clerk a written statement of his residence and mailing address, and must update the clerk in writing whenever that address changes. The clerk and all parties may rely on the most recent statement filed. If a pro se party never files that statement, the court may dispense with notice to him for that failure, or may order notice given however the court determines.
Subsection B carves out divorce and annulment cases from the ordinary publication requirement in specific circumstances: depositions may be taken, testimony heard, and orders and decrees entered without any order of publication where the defendant has been legally served or has accepted service, and either party thereafter becomes a nonresident, moves without filing a residence statement with the clerk, is served with notice at the last address on file, or cannot be found by the sheriff despite the serving party's due diligence — in which case, if the absent party has an attorney of record, notice goes to that attorney under § 8.01-314 instead. Subsection C excludes condemnation actions from the entire section.
Frequently Asked Questions
How is notice of further proceedings given to a party already served or served by publication?
By publication once a week for two successive weeks in a newspaper published or circulated where the case is pending, using the same newspaper as the original proceedings if publication started the case.
What must a self-represented party do to make sure they receive notices?
File a written statement of residence and mailing address with the clerk, and inform the clerk in writing of any changes during the case.
What happens if a pro se party never files that address statement?
The court may dispense with notice to that party for the failure to file, or may order notice given in whatever manner the court determines.
Does this section apply to condemnation actions?
No. Subsection C expressly excludes condemnation actions from this section.
In a divorce case, can proceedings continue without another order of publication if a party becomes a nonresident?
Yes. Subsection B allows depositions, testimony, and orders to proceed without a new order of publication where the defendant has already been served or accepted service and the party subsequently becomes a nonresident, among the other listed circumstances.
Amendment History
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.
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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