Virginia § 8.01-322 - Within what time case reheard on petition of party served by publication, and any injustice corrected

Full text of Virginia Code of Virginia § 8.01-322 — Within what time case reheard on petition of party served by publication, and any injustice corrected, with citation guidance and answers to common questions.

§ 8.01-322. Within what time case reheard on petition of party served by publication, and any injustice corrected

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.

Code 1950, § 8-78; 1977, c. 617.

Source: official Virginia text · Last verified 2026-08-27

Frequently Asked Questions About Virginia § 8.01-322

What does Code of Virginia § 8.01-322 cover?

Section 8.01-322 ("Within what time case reheard on petition of party served by publication, and any injustice corrected") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Virginia § 8.01-322?

A common citation format is "Code of Virginia § 8.01-322" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Virginia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.

How does Virginia § 8.01-322 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.