§ 8.01-319.Publication of interim notice.

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.