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:
§ 8.01-322.Within what time case reheard on petition of party served by publication, and any injustice corrected.
Chapter 8. Process · Article 4. Who to Be Served · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-322 gives a party served by publication who never appeared, or that party's representative, the right to petition for rehearing, plead, answer, or correct any injustice within two years of judgment, or within one year of later personal service of a copy of the judgment.
Full Text of § 8.01-322
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.
Plain-English Summary
Publication gives a defendant only constructive notice, so Section 8.01-322 gives that defendant a real chance to reopen the case if he never appeared before judgment was entered against him. Within two years after the judgment, decree, or order, the party — or his representative — may petition to have the case reheard, may plead or answer, and may have any injustice in the proceeding corrected.
The section adjusts that timeline when the party is later personally reached with a copy of the judgment: if that service happens more than a year before the general two-year period would otherwise close, the party instead has one year from the date of that service to act. For that later service to count, it can use any method in this chapter except an order of publication — personal or substituted service, or personal service outside Virginia by a qualified adult, all satisfy the requirement.
Frequently Asked Questions
How long does someone served by publication have to ask the court to reopen the case?
Generally within two years after the judgment, decree, or order was rendered.
What happens if that party is later personally served with a copy of the judgment?
The party then has one year from that service to act, if the service occurs more than a year before the general two-year deadline would otherwise close.
Can this rehearing right be exercised by someone other than the original party?
Yes. The party's representative may also petition to reopen the case.
What methods of service count for delivering the judgment copy that starts the one-year clock?
Any manner in this chapter except an order of publication, including personal or substituted service, or personal service outside Virginia by a qualified adult.
What can the party do once the case is reopened?
Petition to have the case reheard, plead or answer, and have any injustice in the proceeding corrected.
Amendment History
Code 1950, § 8-78; 1977, c. 617.
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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