Bill Text: VA HB376 | 2010 | Regular Session | Chaptered
Bill Title: Service by publication; validates orders of those processed by a clerk or deputy clerk.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-04-21 - Governor: Acts of Assembly Chapter text (CHAP0827) [HB376 Detail]
Download: Virginia-2010-HB376-Chaptered.html
Be it enacted by the General Assembly of Virginia: 1. That §8.01-316 of the Code of Virginia is amended and reenacted as follows: §8.01-316. Service by publication; when available. A. Except in condemnation actions, an order of publication may be entered against a defendant in the following manner: 1. An affidavit by a party seeking service stating one or more of the following grounds: a. That the party to be served is (i) a foreign corporation, (ii) a foreign unincorporated association, order, or a foreign unincorporated common carrier, or (iii) a nonresident individual, other than a nonresident individual fiduciary who has appointed a statutory agent under §26-59; or b. That diligence has been used without effect to ascertain the location of the party to be served; or c. That the last known residence of the party to be served was in the county or city in which service is sought and that a return has been filed by the sheriff that the process has been in his hands for twenty-one days and that he has been unable to make service; or 2. In any action, when 3. In any action, when (i) the number of defendants upon whom process has been served exceeds ten and (ii) it appears by a pleading, or exhibit filed, that such defendants represent like interests with the parties not served with process. Under subdivisions 1 and 2 of this Every affidavit for an order of publication shall state the last known post office address of the party against whom publication is asked, or if such address is unknown, the affidavit shall state that fact. B. The cost of such publication shall be paid initially by the party seeking service; however, such costs ultimately may be recoverable pursuant to §17.1-601. |