# Those Rules set forth below, heretofore adopted and promulgated and now in effect, will be (2020)

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## Record

- **Collection:** Court rules
- **Document type:** Court rule

## Text

NOTE
Those Rules set forth below, heretofore adopted and promulgated and now in effect, will be
amended and restated as as shown below. The purpose of these amendments is to clarify the
meaning of the word “shall” formerly appearing in these Rules and not to change existing law;
as revised, the Rules implement and comply with any statutory mandates addressing these topics.
The Rules will be promulgated in accord with the requirements and timetables of Virginia Code
§ 8.01-3.
The revised portions of the Rules will read as follows:
Rule 1:1. Finality of Judgments, Orders and Decrees.
(a) Expiration of Court’s Jurisdiction. — All final judgments, orders, and decrees,
irrespective of terms of court, remain under the control of the trial court and may be modified,
vacated, or suspended for twenty-one days after the date of entry, and no longer. But
notwithstanding the finality of the judgment, in a criminal case the trial court may postpone
execution of the sentence in order to give the accused an opportunity to apply for a writ of error
and supersedeas; such postponement, however, will not extend the time limits hereinafter
prescribed for applying for a writ of error. The date of entry of any final judgment, order, or
decree is the date it is signed by the judge either on paper or by electronic means in accord with
Rule 1:17.
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Rule 1:1A. Recovery of Appellate Attorney's Fees in Circuit Court.
a) Notwithstanding any provision of Rule 1:1, in any civil action in which an appeal lies
from the circuit court to the Supreme Court and a petition for appeal is denied by the Supreme
Court (and, if a petition for rehearing has been filed pursuant to Rule 5:20, such petition has been
denied), an appellee who has recovered attorneys' fees, costs or both in the circuit court pursuant
to a contract, statute or other applicable law may make application in the circuit court in which
judgment was entered for attorneys' fees, costs or both incurred on appeal. The application must
be filed within thirty (30) days after denial of the petition for appeal or of any petition for
rehearing, whichever is later, and may be made in the same case from which the appeal was
taken, which case will be reinstated on the circuit court docket upon the filing of the application.
The appellee is not required to file a separate suit or action to recover the fees and costs incurred
on appeal, and the circuit court has continuing jurisdiction of the case for the purpose of
adjudicating the application. The circuit court's order granting or refusing the application, in
whole or in part, is a final order for purposes of Rule 1:1.
b) Nothing in this Rule restricts or prohibits the exercise of any other right or remedy for
the recovery of attorneys' fees or costs, by separate suit or action, or otherwise.
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Rule 1:1C. Jurisdictional Transfer During Appeal of Interlocutory Orders.
(a) When a petition for review is filed pursuant to Code § 8.01-626, the appellate court has
exclusive jurisdiction over the appealable interlocutory order and the circuit court retains
jurisdiction over any part of the case that has not been appealed, unless the circuit court or the
appellate court enters an order staying the proceedings in the circuit court.
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(b) In any other appeal of an interlocutory order, the circuit court retains concurrent
jurisdiction over the case unless the circuit court or the appellate court enters an order staying all
or part of the proceedings in the circuit court.
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Rule 1:2. Appeal From Partial Final Judgment in Multi-Party Cases.
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(c) Refusal of Partial Final Judgment. – No appeal will lie from a refusal by the trial
court to enter a Partial Final Judgment under this Rule.
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Rule 1:3. Reporters and Transcripts of Proceedings in Courts.
Reporters must be first duly sworn to take down and transcribe the proceedings faithfully
and accurately to the best of their ability, and are subject to the control and discipline of the
judge.
When a reporter takes down any proceeding in a court, any person interested is entitled to
obtain a transcript of the proceedings or any part thereof upon terms and conditions to be fixed in
each case by the judge.
The proceedings may be taken down by means of any recording device approved by the
judge.
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Rule 1:4. General Provisions as to Pleadings.
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(c) Counsel or an unrepresented party who files a pleading must sign it and state his
address.
(d) Every pleading must state the facts on which the party relies in numbered paragraphs,
and it is sufficient if it clearly informs the opposite party of the true nature of the claim or
defense.
(e) An allegation of fact in a pleading that is not denied by the adverse party's pleading,
when the adverse party is required by these Rules to file such pleading, is deemed to be admitted.
An allegation in a pleading that the party does not know whether a fact exists will be treated as a
denial that the fact exists.
(f) Requirements of pleadings applicable to instruments not under seal apply to instruments
under seal.
(g) Requirements of pleadings applicable to legal defenses apply to equitable defenses.
(h) The clerk must note and attest the filing date on every pleading. In an Electronically
Filed Case, the procedures of Rule 1:17 apply to the notation by the clerk of the date of filing.
(i) The mention in a pleading of an accompanying exhibit, of itself and without more,
makes such exhibit a part of the pleading. Filing of such exhibits is governed by Rule 3:4.
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(l) Every pleading, motion or other paper served or filed must contain at the foot the
Virginia State Bar number, office address and telephone number of the counsel of record
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submitting it, along with any electronic mail (E-mail) address and facsimile number regularly
used for business purposes by such counsel of record.
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Rule 1:5. Counsel and Parties Appearing Without Counsel.
(a) (1) When used in these Rules, the word “counsel” includes a partnership, a professional
corporation or an association of members of the Virginia State Bar practicing under a firm name.
(2) When such firm name is signed to a pleading, notice or brief, the name of at least one
individual member or associate of such firm must be signed to it. Papers filed electronically may
be signed electronically or by inclusion of a digital image of the signature, as provided in Rule
1:17. Signatures to briefs and petitions for rehearing may be printed or typed and need not be in
handwriting.
(3) Service on one member or associate of such firm constitutes service on the firm. Service
is not required to be made on foreign attorneys.
(b) “Counsel of record” includes a counsel or party who has signed a pleading in the case or
who has notified the other parties and the clerk in writing that he or she appears in the case, or
has endorsed a draft order of the court as provided in Rule 1:13.
(c) As required by Code § 8.01-271.1, a party who is not represented by an attorney –
including a person confined in a state or local correctional facility proceeding pro se – must sign
every pleading, motion, or other paper that he or she serves or files, and must state his or her
address.
(d) (1) Counsel of record may not withdraw from or terminate appearances in a case except
by (i) leave of court after notice to the client of the time and place of a motion for leave to
withdraw, or (ii) pursuant to the provisions in subpart (f)(4) of this Rule.
(2) Any order permitting withdrawal must state the name, Virginia State Bar number, office
address and telephone number of the attorney or law firm being substituted as counsel of record
for the party, along with any electronic mail (email) address and any facsimile number regularly
used for business purposes by such counsel; or
(3) if replacement counsel is not being designated at the time of withdrawal by an attorney
or law firm, the order permitting withdrawal must state the address and telephone number of the
formerly represented party for use in subsequent mailings or service of papers and notices, and
the pro se party will be deemed counsel of record.
(e) As required by Code §§ 8.01-319(A) and 16.1-88.03, any party not represented by
counsel who has made an appearance in the case must promptly file with the clerk of the court in
which the action is pending a written statement of his or her place of residence and mailing
address, and must 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.
(f) Limited Scope Appearance; Notice; Service; Completion or Termination of Appearance.
(1) Notice of Limited Scope Appearance by a Qualified Legal Services Provider. In any
civil court proceeding an attorney may file and serve on all parties a notice of limited-scope
appearance: (A) providing evidence that the attorney is (i) employed by a qualified legal services
provider, as that is defined in Section IV, Paragraph 3(e) of the Rules for Integration of the
Virginia State Bar, Part Six of the Rules of Court (hereafter “QLSP”), or (ii) acting pro bono on a
direct referral from a QLSP; (B) stating that the attorney and the party have a written agreement
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that the attorney will make a limited scope appearance in such action; and (C) specifying the
matters, hearings, or issues on which the attorney will appear for the party.
(2) Limited Scope Appearance by Leave of Court. Any attorney not proceeding under
subpart (f)(1) of this Rule may seek leave of court to make a limited scope appearance in any
civil case. If such leave is granted, the appearance will be governed by the notice requirements of
subparts (f)(1)(B) and (C) of this Rule, the service and unrepresented party provisions of subpart
(f)(3), and the completion or termination provisions of subpart (f)(4).
(3) Service of Papers After Notice. Service of all papers after the filing of a notice of
limited scope appearance as provided in this Rule must be made upon both the attorney making
such limited scope appearance and the party on whose behalf the appearance is made, who will
be considered an unrepresented party.
(4) Completion or Termination of Limited Scope Appearance.
(A) Notice of Completion of Limited Scope Appearance. — An attorney who has
completed the obligations identified in a notice of limited scope appearance must file a notice of
completion of limited scope appearance, providing at least seven (7) days’ notice to the party on
whose behalf the attorney appeared. The notice must be accompanied by a declaration by the
attorney that counsel’s obligations under the limited scope appearance agreement have been
satisfied, and must be (i) endorsed by the party on whose behalf the limited scope appearance
was made, and (ii) served on all counsel and any unrepresented parties. Upon the filing of the
notice of completion of limited scope appearance, the attorney is deemed to have ceased
appearances in the matter.
(B) Termination of Limited Scope Appearance. — If the party on whose behalf the limited
scope appearance was made cannot or will not endorse the notice of completion of limited scope
appearance, the attorney may file a motion to terminate the limited scope appearance, serve it on
all parties, and afford seven days for objection. If an objection is filed, the court may hold a
hearing to determine whether the attorney’s obligations under the notice of limited scope
appearance have been met. If the court finds that the attorney’s obligations under the notice of
limited scope appearance have been met, it must grant the motion to terminate the limited scope
appearance.
(C) Replacement Counsel or the Party Acting Pro Se. — If replacement counsel is not being
designated at the time of the attorney’s completion of limited scope appearance, the notice of
completion of limited scope appearance or order permitting termination of limited scope
appearance must state the address and telephone number of the party on whose behalf the limited
appearance was made for use in subsequent mailings or service of papers and notices, and said
party will be deemed self-represented.
(5) Pilot Project. The provisions of this subpart (f) will remain in effect until December 31,
2021, unless by Order of the Supreme Court operation of these provisions is ended, modified, or
extended; except that any limited scope appearance commenced prior to December 31, 2021,
may be completed in accordance with these provisions.
(6) Local Counsel or Covering Docket Calls. Nothing in this subpart (f) will apply where a
party is represented for all purposes by counsel of record and another attorney appears in lieu of
counsel of record for a particular proceeding or docket call.
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Rule 1:6. Res Judicata Claim Preclusion.
(a) Definition of Cause of Action. A party whose claim for relief arising from identified
conduct, a transaction, or an occurrence, is decided on the merits by a final judgment, is forever
barred from prosecuting any second or subsequent civil action against the same opposing party
or parties on any claim or cause of action that arises from that same conduct, transaction or
occurrence, whether or not the legal theory or rights asserted in the second or subsequent action
were raised in the prior lawsuit, and regardless of the legal elements or the evidence upon which
any claims in the prior proceeding depended, or the particular remedies sought. A claim for relief
pursuant to this rule includes those set forth in a complaint, counterclaim, cross-claim or thirdparty pleading.
(b) Effective Date. This rule applies to all Virginia judgments entered in civil actions
commenced after July 1, 2006.
(c) Exceptions. The provisions of this Rule do not bar a party or a party's insurer from
prosecuting separate personal injury and property damage suits arising out of the same conduct,
transaction or occurrence, and do not bar a party who has pursued mechanic's lien remedies
pursuant to Virginia Code § 43-1 et seq. from prosecuting a subsequent claim against the same or
different defendants for relief not recovered in the prior mechanic's lien proceedings, to the
extent heretofore permitted by law.
(d) Privity. The law of privity as heretofore articulated in case law in the Commonwealth of
Virginia is unaffected by this Rule and remains intact. For purposes of this Rule, party or parties
include all named parties and those in privity.
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Rule 1:7. Computation of Response Dates.
Whenever a party is required or permitted under these Rules, or by direction of the court, to
do an act within a prescribed period of days after service of a paper upon counsel of record,
(a) No days will be added if the paper is served by:
(1) manual delivery no later than 5:00 p.m. by counsel, counsel’s agent or courier, or a
commercial delivery service making same-day delivery;
(2) facsimile transmission completed no later than 5:00 p.m.; or
(3) electronic mail transmitted no later than 5:00 p.m.
(b) One day will be added to the prescribed time if the paper is served by:
(1) placing the paper in the hands of a commercial delivery service before midnight for
next-day delivery, or
(2) completion of the following after 5:00 p.m. but before midnight: (A) manual delivery by
counsel, counsel’s agent or courier, or a commercial delivery service making same-day delivery;
(B) transmission by facsimile; or (C) transmission by electronic mail.
(c) three days will be added to the prescribed time if the paper is served by mail. With
respect to Parts Five and Five A of the Rules, this Rule applies only to the time for filing a brief
in opposition.
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Rule 1:8. Amendments.
No amendments may be made to any pleading after it is filed save by leave of court. Leave
to amend should be liberally granted in furtherance of the ends of justice. Unless otherwise
provided by order of the court in a particular case, any written motion for leave to file an
amended pleading must be accompanied by a properly executed proposed amended pleading, in
a form suitable for filing. If the motion is granted, the amended pleading accompanying the
motion will be deemed filed in the clerk's office as of the date of the court's order permitting
such amendment. If the motion is granted in part, the court may provide for filing an amended
pleading as the court may deem reasonable and proper. Where leave to amend is granted other
than upon a written motion, whether on demurrer or oral motion or otherwise, the amended
pleading must be filed within 21 days after leave to amend is granted or in such time as the court
may prescribe. In granting leave to amend the court may make such provision for notice thereof
and opportunity to make response as the court may deem reasonable and proper.
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Rule 1:9. Discretion of Court.
All steps and procedures in the clerk's office touching the filing of pleadings and the
maturing of suits or actions may be reviewed and corrected by the court.
The time allowed for filing pleadings may be extended by the court in its discretion and such
extension may be granted although the time fixed already has expired; but the time fixed for the
filing of a motion challenging the venue will in no case be extended except to the extent
permitted by § 8.01-264.
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Rule 1:10. Verification.
If a statute requires a pleading to be sworn to, and it is not, or requires a pleading to be
accompanied by an affidavit, and it is not, but contains all the allegations required, objection on
either ground must be made within seven days after the pleading is filed by a motion to strike;
otherwise the objection is waived. At any time before the court passes on the motion or within
such time thereafter as the court may prescribe, the pleading may be sworn to or the affidavit
filed. In an Electronically Filed Case, verification is subject to the provisions of Rule 1:17.
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Rule 1:11. Motion to Strike the Evidence.
If the court sustains a motion to strike the evidence of either party in a civil case being tried
before a jury, or the evidence of the Commonwealth in a criminal case being so tried, then the
court should enter summary judgment or partial summary judgment in conformity with its ruling
on the motion to strike.
If the court overrules a motion to strike the evidence and there is a hung jury, the moving
party may renew the motion immediately after the discharge of the jury, and, if the court is of
opinion that it erred in denying the motion, it should enter summary judgment or partial
summary judgment in conformity with its ruling on the motion to strike.
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Rule 1:12. Service of Papers after the Initial Process.
All pleadings, motions and other papers served after the initial process in an action and not
required to be served otherwise and requests for subpoenas duces tecum must be served by
delivering, dispatching by commercial delivery service for same-day or next-day delivery,
transmitting by facsimile, transmitting by electronic mail when Rule 1:17 so provides or when
consented to in writing signed by the person to be served, or by mailing, a copy to each counsel
of record on or before the day of filing.
Subject to the provisions of Rule 1:17, service pursuant to this Rule is effective upon such
delivery, dispatch, transmission or mailing. Service by electronic mail under this Rule is not
effective if the party making service learns that the attempted service did not reach the person to
be served.
At the foot of such pleadings and requests must be appended either acceptance of service or
a certificate of counsel that copies were served as this Rule requires, showing the date of delivery
and method of service, dispatching, transmitting, or mailing. When service is made by electronic
mail, a certificate of counsel that the document was served by electronic mail must be served by
mail or transmitted by facsimile to each counsel of record on or before the day of service.
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Rule 1:13. Endorsements.
Drafts of orders and decrees must be endorsed by counsel of record, or reasonable notice of
the time and place of presenting such drafts together with copies thereof must be served pursuant
to Rule 1:12 upon all counsel of record who have not endorsed them.
Compliance with this Rule and with Rule 1:12 may be modified or dispensed with by the
court in its discretion. In an Electronically Filed Case, endorsement and specification of any
objections to the draft order may be accomplished as provided in Rule 1:17.
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Rule 1:15. Local Rules of Court.
(a) Whenever a local rule is prescribed by a circuit court it must be spread upon the order
book and a copy with the date of entry must be forthwith posted in the clerk's office, filed with
the Executive Secretary of the Supreme Court, and furnished to attorneys regularly practicing
before that circuit court; and whenever an attorney becomes counsel of record in any proceedings
in a circuit court in which he does not regularly practice, it is his responsibility to ascertain the
rules of that court and abide thereby. The clerk must, upon request, promptly furnish a copy of
all rules then in force and effect.
(b) Whenever a local rule is prescribed by a circuit court providing for the orderly
management of the civil docket by use of the praecipe system, the praecipe must be substantially
in the form appearing in the appendix of forms at the end of this Part One.
(c) Whenever a local rule is prescribed by a circuit court providing for the submission of
instructions prior to trial, such local rule must be substantially in the form appearing in the
appendix of forms at the end of this Part One.
(d) The chief judges of the circuit and juvenile and domestic relations district courts must,
on or before December 31 of each year, furnish the Executive Secretary of the Supreme Court
current general information relating to the management of the courts within each circuit and
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district. This information will be assembled and published electronically by the Executive
Secretary.
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Rule 1:16. Filing Format and Procedure.
(a) Except as provided in Rules 1:17, 3:3, 3A:23, 7A:7(c), and 8:8(f) pertaining to
Electronically Filed Cases,
(1) All pleadings, motions, briefs, depositions, requests for discovery and responses thereto,
and all other documents filed in any clerk's office in any proceeding pursuant to these Rules must
be produced on pages 8 1/2 by 11 inches in size and all typed material must be double spaced
except for quotations.
(2) Subdivision (a)(1) of this Rule does not apply to tables, charts, plats, photographs, and
other material that cannot be reasonably reproduced on paper of that size.
(b) No paper will be refused for failure to comply with the provisions of this Rule, but the
clerk may require that the paper be redone in compliance with this Rule and substituted for the
paper initially filed. Counsel must certify that the substituted paper is identical in content to the
paper initially filed.
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Rule 1:17. Electronic Filing and Service.
(a) Scope of Electronic Filing Rules. Pursuant to § 8.01-271.01 and Article 4.1 (§§ 17.1258.2 et seq.) of Chapter 2 of Title 17.1 of the Code of Virginia, this Rule applies in any court
that has established an electronic filing system under the standards and procedures set forth in
subdivision (c) of this Rule, and applies in civil cases in circuit court as provided in Rule 3:3, in
criminal cases in circuit court as provided in Rule 3A:23, in general district court proceedings as
provided in Rule 7A:7(c), and in juvenile and domestic relations district court proceedings as
provided in Rule 8:8(f).
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(c) System Operational Standards. In addition to the obligations and procedures set forth in
subdivision (d) of this Rule, electronic filing systems under this Rule must meet these
requirements:
(1) Electronic documents must be stored without loss of content or material alteration of
appearance.
(2) Files capable of carrying viruses into court computers must be scanned for viruses prior
to being written to disk in the clerk's office.
(3) The electronic filing system must be capable of securing the document upon receipt so
that it is protected from alteration.
(4) The electronic filing system must be capable of establishing the identity of a sender of a
document by means of a registered user identity and password, or by digitally encrypted
electronic signatures, or by any other means reasonably calculated to ensure identification to a
high degree of certainty.
(5) Remote electronic access to documents submitted in an electronically filed case and
stored electronically will be limited to judges, court personnel, any persons assisting such
persons in the administration of the electronic filing system, and to active members of the
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Virginia State Bar and their authorized agents, who have complied with the registration
requirements to use the electronic filing system.
(6) If the court accepts payment of fees by credit card, debit card, debit account, or
electronic funds transfer, registration for the user identity must include submission of all
information required to effect the payment of fees. Electronic submission of this information will
be deemed a signature by the cardholder sender, authorizing the payment of document filing
fees. This information must be kept confidential. There will be an electronic confirmation from
the clerk of any charge to or the debit from the user's account.
(7) No unauthorized person is permitted access to other court networks, data or applications
unrelated to electronic filing. Administrative access to computer equipment and networks
handling electronic filing will be restricted to designated court employees or authorized
maintenance personnel.
(8) Electronic filing systems must reasonably protect filed documents against system and
security failures and must provide, at a minimum, for daily backup, periodic off-site backup
storage if feasible, and prudent disaster recovery mechanisms.
(d) Electronic Service and Filing Practice and Procedures.
(1) In an Electronically Filed Case, all pleadings, motions, notices and other material filed
with the court must be in the form of Electronic Documents except where otherwise expressly
provided by statute or the Rules of Court, or where the court orders otherwise in an individual
case for good cause shown.
(2) Each attorney admitted to practice in the Commonwealth is entitled to a registered User
ID and password issued by the clerk, or access using any comparable identification system
approved by the Supreme Court, for the electronic filing and retrieval of documents.
(3) The clerk must provide a means, in the courthouse or other designated location, for the
parties, counsel and the public to review and copy electronic records from the electronic file
during normal business hours.
(4) The format for electronically filed material must be the Portable Document Format
(PDF). Notice will be provided if any other format is approved.
(5) (i) Subject to the provisions of subsections (d)(6) and (7) of this Rule, an electronic
document must be filed by following the procedures of the applicable E-Filing Portal, and will be
deemed filed on the date that it is received in the E-Filing Portal without regard to whether the
filing occurred within or outside of standard business hours. If the electronic document is
received in the E-Filing Portal on a Saturday, Sunday, legal holiday, or any day or part of a day
on which the clerk's office is closed as authorized by an act of the General Assembly, then such
document will be deemed filed on the next day that is not a Saturday, Sunday, legal holiday, or
day or part of a day on which the clerk's office is closed.
(ii) Upon electronic filing of a document, an electronic confirmation will be transmitted to
the filing party indicating that the document has been successfully filed through the E-Filing
Portal. In addition, the court to which the document is directed will promptly transmit an
electronic acknowledgement of its receipt of the electronically filed document, specifying the
identity of the receiving court, the date the document was received by the court, and a courtassigned document reference or docketing number.
(6) A person who files a document electronically has the same responsibility as a person
filing a document in paper form to ensure that the document is properly filed, complete, and
readable. However,
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(i) if technical problems at the E-Filing Portal result in a failure to timely file the electronic
document, counsel must provide to the clerk of the court on the next business day all
documentation which exists demonstrating the attempt to file the document through the E-Filing
Portal, any delivery failure notice received in response to the attempt, and a copy of the
document, and
(ii) in the event that the E-Filing Portal was not available due to technical problems during
the last filing hours of a business day, the office of the clerk of the court to which the document
is directed will be deemed to have been closed on that day solely with respect to that attempted
filing and the provisions of Virginia Code § 1-210(B) and (C) will apply to that particular
attempted filing for purposes of computing the last day for performing any act in a judicial
proceeding or the filing of any legal action.
(7) Clerk's notice of defects in a filing; striking documents; court orders.
(i) Incorrect or missing fee. If the clerk of court determines that an electronically filed
document is defective because of an incorrect or missing filing fee, and
(A) if the clerk has been provided by the filing party with a credit or payment account
through which to obtain payment of fees, the clerk must immediately process payment of the
correct fee through such credit or payment account; or
(B) if processing by the clerk of the proper payment through a credit or payment account
authorized by the filing party is not feasible, notice must be sent by the clerk electronically to the
filing party, and all other parties who have appeared in the case.
(ii) Document filed in the wrong case by counsel. If the clerk of court determines prior to
acceptance that an electronic document has been filed by counsel under the wrong case or docket
number, the clerk must notify the filing party as soon as practicable, by notice through the EFiling system, by telephone, or by other effective means.
(iii) A copy of all notices transmitted by the clerk under this subpart (d)(7) must be retained
in the permanent electronic case file maintained by the clerk. A copy of any document stricken
must be retained by the clerk with a designation clearly reflecting that it was stricken and the
date of such striking, as a record of its content and disposition.
(8) The clerk's office must accommodate the submission of non-electronic documents in an
Electronically Filed Case if filing in electronic form cannot, as a practical matter, be achieved.
Such documents must be imaged to facilitate the creation of a single electronic case file to the
extent reasonably possible. An outsized document that is capable of being imaged must be
retained in the form submitted.
(9) When an order is entered, the electronic record will be updated to identify the judge who
directed entry of the order and the date it was entered, and a notification will be sent to counsel
of record that the order has been entered, along with a copy of the order or an electronic link
providing access to such order. If the entry of an order is done on a paper copy of the order, a
digital image of such order will be made a part of the electronic record, and the endorsed original
paper will be retained for the record.
(10) Hyperlinks between two portions of a filed document or between two or more
documents filed in the same case, are permissible, but hyperlinks to other documents, or to
external websites, are prohibited. A hyperlink is not itself a part of the official filed document
and each hyperlink must contain a text reference to the target of the link.
(e) Application of, and Compliance with, Other Rules. In an Electronically Filed Case:

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(1) Unless otherwise agreed by all parties, or ordered by the court in an individual case for
good cause shown, all documents required to be served – after the initial service of process must
be served by electronic transmission. Such service is effective as provided in Rule 1:12 .
(2) Annotation by the clerk as provided in Rule 1:4(h) is not required to be made physically
upon the face of the pleading and – if it is made by a separate document – it must specify the
pleading to which such annotation pertains.
(3) An e-mail address of the counsel of record must be included in the electronic documents
filed as required by Rule 1:4(l).
(4) The approved electronic identification accompanying the document when filed
constitutes that person's signature on the document for purposes of Rule 1:5 and Virginia Code §
8.01-271.1.
(5) The provisions of Article 4.1 (§§ 17.1-258.2 et seq.) of Chapter 2 of Title 17.1 of the
Code of Virginia apply where a document is to be notarized, sworn, attested, verified, or
otherwise certified, or if any sworn signatures, stamps, seals or other authentications relating to
the document are required by any statute or Rule, and an electronic or digitally imaged document
with such accompanying entries must be filed in the clerk's office. Electronic notarization in
compliance with the Virginia Notary Act (§§ 47.1-1 et seq.) may also be employed with the
filing.
(6) An acceptance of service or a certificate of counsel that electronic copies were served as
this Rule requires, showing the date of delivery, must electronically accompany the served
papers and satisfies Rule 1:12.
(7) In compliance with Rule 1:13, drafts of orders, decrees and notices must be served on
each counsel of record. Such service may be by electronic transmission and must make provision
for electronic endorsement by multiple parties where applicable. Objections or other notations by
the parties must be entered upon the drafts so circulated, or appended to such drafts by specific
cross- reference or other unambiguous association. Endorsed drafts must be submitted
electronically whenever possible, and must be accompanied by proof of service or acceptance of
service when required by the rules of court. If there is no practical means of submitting an
electronic or digitally imaged endorsed draft, the manually endorsed document must be filed in
the clerk's office. The clerk must accommodate the imaging of the document into electronic form
and must retain the original endorsed document.
*
*
*
Rule 1:18. Pretrial Scheduling Order.
A. In any civil case the parties, by counsel of record, may agree and submit for approval and
entry by the court a pretrial scheduling order. If the court determines that the submitted order is
not consistent with the efficient and orderly administration of justice, then the court will notify
counsel and provide an opportunity to be heard.
B. In any civil case in which a pretrial scheduling order has not otherwise been entered
pursuant to the court's normal scheduling procedure, the court may, upon request of counsel of
record for any party, or in its own discretion, enter the pretrial scheduling order contained in
Section 3 of the Appendix of Forms at the end of Part I of these Rules (Uniform Pretrial
Scheduling Order). The court will cause copies of the order so entered to forthwith be
transmitted to counsel for all parties. If any party objects to or requests modification of that
order, the court will (a) hold a hearing to rule upon the objection or request or (b) with the
consent of all parties and the approval of the court, enter an amended pretrial scheduling order.
-- 11 --

*

*

*

Rule 1:20. Scheduling Civil Cases for Trial.
The circuit courts of the Commonwealth must adopt one or a combination of the following
procedures for scheduling civil cases for trial.
(a) Counsel of record may agree to a trial date and may secure approval of the court by
telephone call or other electronic communication to the designated court official.
(b) Counsel of record may agree to a trial date as a part of a written plan prepared and
submitted to the court for approval pursuant to Rule 1:18.
(c) The court may, at the request of counsel of record, or may in its own discretion, direct
counsel of record to appear, in person or by telephone, for a conference to set a trial date and
consider other matters set forth in Rule 1:19 or Rule 4:13.
(d) The court may set civil cases for trial at a docket call held on a day as provided by §
17.1-517.
(e) Following the submission of a praecipe, the court may set civil cases for trial at a docket
call held on a day as provided by § 17.1-517.
The Executive Secretary must make accessible these procedures on the Internet.
The clerk of each district and circuit court must make their respective procedures available
in the office of the clerk of that court.
*
*
*
Rule 1:21. Preliminary Voir Dire Information.
At the outset of jury selection in any civil or criminal case, the court must deliver
preliminary instructions that: (1) explain the purpose of the voir dire examination, (2) explain the
difference between peremptory challenges and removals for cause, (3) summarize the nature of
the case, (4) estimate how long the trial may last, and (5) indicate whether it is anticipated that
the jury will be sequestered.
*
*
*
Rule 1:22. Exercise of Challenges to Prospective Jurors.
Counsel must be afforded the opportunity to challenge jurors for cause out of the presence of
the panel.
*
*
*
Rule 1:23. Note Taking by Jurors.
A. The court, in the exercise of its discretion, may permit jurors to take notes during the
trial.
B. If notes are taken by any of the jurors, at the conclusion of each day of a trial, the court
must collect juror notes and provide for their security until the trial resumes. Upon conclusion of
the trial, the court must collect and destroy all juror notes.
*
*
*

-- 12 --

Rule 1:24. Requirements for Court Payment Agreements for the Collection of Fines and
Costs.
The purposes of the statutory court collection process are (i) to facilitate the payment of
fines, court costs, penalties, restitution and other financial responsibilities assessed against
defendants convicted of a criminal offense or traffic infraction, (ii) to collect the monies due to
the Commonwealth and localities as a result of these convictions, and (iii) to assure payment of
court-ordered restitution to victims of crime. To achieve these purposes, this Rule is intended to
ensure that all courts approve deferred and installment payment agreements consistent with §§
19.2-354, 19.2-354.1, and the provisions of this Rule and to further the legal values of
predictability, fairness, and similarity in the collection of fines, court costs, penalties, and
restitution throughout the courts of the Commonwealth.
(a) Definitions. —
(1) “Fines and costs” mean all the fines, court costs, forfeitures, and penalties assessed in all
cases by a single court against a defendant for the commission of crimes or traffic infractions.
“Fines and costs” also include restitution unless the court orders a separate payment schedule for
restitution.
(2) An “installment payment agreement” is an agreement in which the defendant agrees to
make monthly or other periodic payments until the fines and costs are paid in full.
(3) A “deferred payment agreement” is an agreement in which the defendant agrees to pay
the full amount of the fines and costs at the end of the agreement’s stated term and no installment
payments are required.
(4) A “modified deferred payment agreement” is a deferred payment agreement in which
the defendant also agrees to use best efforts to make monthly or other periodic payments.
(b) Access to payment alternatives. — Any defendant who is unable to pay in full fines and
costs for a particular offense within 30 days of conviction, or other disposition authorized by
law, must be offered by the convicting court the opportunity to enter into a deferred payment
agreement, a modified deferred payment agreement or an installment payment agreement to pay
those fines and costs. The court may not deny a defendant the opportunity to enter into a
deferred, modified deferred, or installment payment agreement solely because (i) the defendant
previously defaulted under the terms of a payment agreement, (ii) the fines and costs have been
referred for collection pursuant to § 19.2-349, (iii) a defendant has not established a payment
history, (iv) of the category of offense for which the defendant was convicted or found not
innocent, or (v) of the total amount of all fines and costs.
(c) Notice of payment alternatives. — The court must give the defendant written notice of
deferred, modified deferred, and installment payment agreements and, if a community service
program has been established, the availability of earning credit toward discharge of fines and
costs through the performance of community service work.
(d) Conditions of a payment agreement. — All the fines and costs that a defendant owes for
all cases in any single court may be incorporated into one payment agreement, unless otherwise
ordered by the court in specific cases. A payment agreement may include only those outstanding
fines and costs for which the limitations period set forth in § 19.2-341 has not run.
In determining the length of time to pay under a deferred, modified deferred, or
installment payment agreement and the amount of the payments, a court must take into account
the defendant’s financial resources and obligations, including any fines and costs the defendant
owes in other courts. In assessing the defendant’s ability to pay, the court must use a written
financial statement, on a form developed by the Executive Secretary of the Supreme Court,
-- 13 --

setting forth the defendant's financial resources and obligations or conduct an oral examination
of the defendant to determine his financial resources and obligations. The court may require the
defendant to present a compliance summary prepared by the Department of Motor Vehicles of
the other courts in which the defendant also owes fines and costs.
The length of a payment agreement and the amount of the payments may not be based
solely on the amount of fines and costs and must be reasonable in light of the defendant's
financial resources and obligations.
If a down payment is required to enter into a payment agreement, it should be a minimal
amount to demonstrate the defendant's commitment to paying the fines and costs. In the case of
an installment payment agreement, if the fines and costs owed are $500 or less, the required
down payment may not exceed 10 percent of such amount owed or, if the fines and costs owed
are more than $500, the required down payment may not exceed 5 percent of such amount owed
or $50, whichever is greater. A defendant may choose to make a larger down payment.
Where available, the court may provide community service work as an option to defray
fines and costs, especially when the defendant is indigent or otherwise unable to make
meaningful payments. Any portion of the community service completed should be credited to the
defendant’s obligations. Community service may not be credited against any amount owed as
restitution, the interest which has accrued on restitution, and any collection fee required.
At any time during the duration of a payment agreement, the defendant may request a
modification of the agreement in writing, on a form provided by the Executive Secretary of the
Supreme Court, and the court may grant such modification based on a good faith showing of
need.
(e) Timeliness of payments. — Any payment which is received within 10 days of the date
due is considered timely made.
(f) Combined payment agreements. — The court may offer a payment agreement
combining an appropriate initial period during which no payment of fines and costs is required,
followed by a period of installment payments. Such a combined payment plan may be
appropriate when the defendant is incarcerated, but should not be limited only to these
circumstances.
(g) Re-entry into a payment agreement after default. — A court must consider a request by
a defendant who has defaulted on a payment agreement to enter into a subsequent payment
agreement. In determining whether to approve the request for a subsequent payment agreement,
the court must consider any change in the defendant’s circumstances.
A court must require a down payment to enter into a subsequent payment agreement,
provided that (i) if the fines and costs owed are $500 or less, the required down payment may not
exceed 10 percent of such amount or (ii) if the fines and costs owed are more than $500, the
required down payment may not exceed 5 percent of such amount or $50, whichever is greater.
*
*
*
Form 2. Instructions (Rule 1:15(c)).
Counsel for all parties, unless compliance is waived by the court, must, two days before a
civil jury trial date, submit to the court a copy of all instructions such counsel proposes to request
– in electronic or paper form as directed by the court – and noting thereon the authority or
authorities relied upon for such instructions. Counsel may be required to exchange copies of
proposed instructions. This rule does not preclude the offering of additional instructions at the
trial.
-- 14 --

*

*

*

Form 3. Uniform Pretrial Scheduling Order (Rule 1:18B).
I. Trial
The trial date is ........... (with a jury) (without a jury).
The estimated length of trial is ............
II. Discovery
The parties must complete discovery, including depositions, by 30 days before trial;
however, depositions taken in lieu of live testimony at trial will be permitted until 15 days before
trial. "Complete" means that all interrogatories, requests for production, requests for admissions
and other discovery must be served sufficiently in advance of trial to allow a timely response at
least 30 days before trial. Depositions may be taken after the specified time period by agreement
of counsel of record or for good cause shown, provided however, that the taking of a deposition
after the deadline established herein will not provide a basis for continuance of the trial date or
the scheduling of motions inconsistent with the normal procedures of the court. The parties have
a duty to seasonably supplement and amend discovery responses pursuant to Rule 4:1(e) of the
Rules of Supreme Court of Virginia. Seasonably means as soon as practical. No provision of this
Order supersedes the Rules of Supreme Court of Virginia governing discovery. Any discovery
motion filed must contain a certification that counsel has made a good faith effort to resolve the
matters set forth in the motion with opposing counsel.
III. Designation of Experts
If requested in discovery, plaintiff’s, counter-claimant's, third party plaintiff’s, and crossclaimant’s experts must be identified on or before 90 days before trial. If requested in discovery,
defendant’s and all other opposing experts must be identified on or before 60 days before trial. If
requested in discovery, experts or opinions responsive to new matters raised in the opposing
parties, identification of experts must be designated no later than 45 days before trial. If
requested, all information discoverable under Rule 4:1(b)(4)(A)(i) of the Rules of Supreme Court
of Virginia must be provided or the expert will not ordinarily be permitted to express any
nondisclosed opinions at trial. The foregoing deadlines do not relieve a party of the obligation to
respond to discovery requests within the time periods set forth in the Rules of Supreme Court of
Virginia, including, in particular, the duty to supplement or amend prior responses pursuant to
Rule 4:1(e).
IV. Dispositive Motions
All dispositive motions should be presented to the court for hearing as far in advance of the
trial date as practical. All counsel of record are encouraged to bring on for hearing all demurrers,
special pleas, motions for summary judgment or other dispositive motions not more than 60 days
after being filed.
V. Exhibit and Witness List
Counsel of record must exchange 15 days before trial a list specifically identifying each
exhibit to be introduced at trial, copies of any exhibits not previously supplied in discovery, and
a list of witnesses proposed to be introduced at trial. The lists of exhibits and witnesses must be
filed with the Clerk of the Court simultaneously therewith but the exhibits should not then be
filed. Any exhibit or witness not so identified and filed will not be received in evidence, except
in rebuttal or for impeachment or unless the admission of such exhibit or testimony of the
witness would cause no surprise or prejudice to the opposing party and the failure to list the
exhibit or witness was through inadvertence. Any objections to exhibits or witnesses must state
-- 15 --

the legal reasons therefor except on relevancy grounds, and must be filed with the Clerk of the
Court and a copy delivered to opposing counsel at least five days before trial or the objections
will be deemed waived absent leave of court for good cause shown.
*
*
*
VII. Motions in Limine
Absent leave of court, any motion in limine which requires argument exceeding five minutes
must be duly noticed and heard before the day of trial.
*
*
*
X. Jury Instructions
Counsel of record, unless compliance is waived by the court, must, two business days before
a civil jury trial date, exchange proposed jury instructions. At the commencement of trial,
counsel of record must tender the court the originals of all agreed upon instructions and copies of
all contested instructions with appropriate citations. This requirement does not preclude the
offering of additional instructions at the trial.
XI. Deposition Transcripts to be Used at Trial
Counsel of record must confer and attempt to identify and resolve all issues regarding the
use of depositions at trial. It is the obligation of the proponent of any deposition of any non-party
witness who will not appear at trial to advise opposing counsel of record of counsel's intent to
use all or a portion of the deposition at trial at the earliest reasonable opportunity. Other than trial
depositions taken after completion of discovery under Paragraph II, designations of portions of
non-party depositions, other than for rebuttal or impeachment, must be exchanged no later than
30 days before trial, except for good cause shown or by agreement of counsel. It becomes the
obligation of the non-designating parties of any such designated deposition to file any objection
or counter-designation within seven days after the proponent’s designation. Further, it becomes
the obligation of the non-designating parties to bring any objections or other unresolved issues to
the court for hearing no later than 5 days before the day of trial.
*
*
*
3-A. Alternate Uniform Pretrial Scheduling Order For Use in Eminent Domain
Proceedings (Rule 1:18B).
I. Trial
The trial date is scheduled for , commencing at _ a.m., before a freeholder jury, _
panel of commissioners or bench trial (select applicable option). The estimated length
of trial is
days. If the case is set before a panel of commissioners, each party must submit
nominations of at least six (6) qualified persons on or before
so that at least nine (9)
commissioners and two (2) alternates can be summoned for trial. Counsel for petitioner must
prepare and submit a sketch order for the court’s use in appointing and summoning
commissioners for trial.
II. Discovery
The parties must complete discovery, including depositions, by 30 days before trial;
however, depositions taken in lieu of live testimony at trial will be permitted until 15 days before
trial. “Complete” means that all interrogatories, requests for production, requests for admissions
and other discovery must be served sufficiently in advance of trial to allow a timely response at
least 30 days before trial. Depositions may be taken after the specified time period by agreement
of counsel of record or for good cause shown, provided however, that the taking of a deposition
-- 16 --

after the deadline established herein will not provide a basis for continuance of the trial date or
the scheduling of motions inconsistent with the normal procedures of the court. The parties have
a duty to seasonably supplement and amend discovery responses pursuant to Rule 4:1(e) of the
Rules of Supreme Court of Virginia. Seasonably means as soon as practical. No provision of this
Order supersedes the Rules of Supreme Court of Virginia governing discovery. Any discovery
motion filed must contain a certification that counsel has made a good faith effort to resolve the
matters set forth in the motion with opposing counsel.
III. Designation of Experts
If requested in discovery, petitioner’s experts must be identified on or before 120 days
before trial. If requested in discovery, defendant’s and all other opposing experts must be
identified on or before 90 days before trial. If requested in discovery, experts or opinions
responsive to new matters raised in the opposing parties’ identification of experts must be
designated no later than 60 days before trial. If requested, all information discoverable under
Rule 4:1(b)(4)(A)(i) of the Rules of Supreme Court of Virginia must be provided. An expert will
not ordinarily be permitted to express any nondisclosed opinions at trial. The foregoing deadlines
will not relieve a party of the obligation to respond to discovery requests within the time periods
set forth in the Rules of Supreme Court of Virginia, including, in particular, the duty to
supplement or amend prior responses pursuant to Rule 4:1(e).
IV. Dispositive Motions
All dispositive motions must be presented to the court for hearing as far in advance of the
trial date as practical. All counsel of record are encouraged to bring on for hearing all demurrers,
special pleas, motions for summary judgment or other dispositive motions not more than 60 days
after being filed.
V. Exhibit and Witness List
Counsel of record must exchange 15 days before trial a list specifically identifying each
exhibit to be introduced at trial, copies of any exhibits not previously supplied in discovery, and
a list of witnesses proposed to be introduced at trial. The lists of exhibits and witnesses must be
filed with the Clerk of the Court simultaneously therewith but the exhibits should not then be
filed. Any exhibit or witness not so identified and filed will not be received in evidence, except
in rebuttal or for impeachment or unless the admission of such exhibit or testimony of the
witness would cause no surprise or prejudice to the opposing party and the failure to list the
exhibit or witness was through inadvertence. Any objections to exhibits or witnesses must state
the legal reasons therefor except on relevancy grounds, and must be filed with the Clerk of the
Court and a copy delivered to opposing counsel at least five days before trial or the objections
will be deemed waived absent leave of court for good cause shown.
VI. Pretrial Conferences
Pursuant to Rule 4:13 of the Rules of Supreme Court of Virginia, when requested by any
party or upon its own motion, the court may order a pretrial conference wherein motions in
limine, settlement discussions or other pretrial motions which may aid in the disposition of this
action can be heard.
VII. Motions in Limine
Absent leave of court, any motion in limine which requires argument exceeding five minutes
must be duly noticed and heard before the day of trial.
VIII. Witness Subpoenas
Early filing of a request for witness subpoenas is encouraged so that such subpoenas may be
served at least 10 days before trial.
-- 17 --

IX. Continuances
Continuances will only be granted by the court for good cause shown.
X. Instructions
Counsel of record must, two business days before trial, exchange proposed instructions. Any
instructions from VMJI may be identified by instruction number. Counsel for petitioner must
prepare and have available at the commencement of trial the originals of all agreed upon
instructions. Each party may also submit originals and copies of all contested instructions with
appropriate citations. This requirement will not preclude the offering of additional instructions at
the trial.
XI. Deposition Transcripts to be Used at Trial
Counsel of record must confer and attempt to identify and resolve all issues regarding the
use of depositions at trial. It is the obligation of the proponent of any deposition of any non-party
witness who will not appear at trial to advise opposing counsel of record of counsel's intent to
use all or a portion of the deposition at trial at the earliest reasonable opportunity. Other than trial
depositions taken after completion of discovery under Paragraph II, designations of portions of
non-party depositions, other than for rebuttal or impeachment, must be exchanged no later than
15 days before trial, except for good cause shown or by agreement of counsel. It becomes the
obligation of the opponent of any such deposition to bring any objection or other unresolved
issues to the court for hearing before the day of trial, and to counter-designate any additional
portions of designated depositions at least 5 days before such hearing.
XII. Transportation Arrangements
Counsel for petitioner is responsible for contacting the Sheriff’s Department in advance of
trial to assure that arrangements are in place to transport the commissioners/jury to and from the
subject property.
*
*
*
Regulations Governing Applications for Admission to Virginia Bar Pursuant to Rule of
the Supreme Court of Virginia 1A:1, effective December 1, 2018.
INTRODUCTION
*
*
*
In addition to admission to the Bar by examination, the Supreme Court of Virginia, in its
discretion under Code § 54.1-3931, has determined that a person who has been admitted to
practice law before the court of last resort of a state or territory of the United States or of the
District of Columbia for a minimum of five years, who has been admitted to the bar of a
Reciprocal Jurisdiction, hereinafter defined, and who has been engaged in the lawful practice of
law on a full-time basis for at least three of the immediately preceding five years, may seek to
demonstrate that he or she has made such progress in the practice of law that it would be
unreasonable to require the person to take an examination to demonstrate current minimum
competency. In other words, an applicant's experience in the practice of law may, at the
discretion of the Court, be accepted as adequate evidence of current minimum competency in
lieu of the bar examination. For purposes of admission without examination, “full-time” means
practicing law for a minimum of 32 hours per week.
*
*
*

-- 18 --

THRESHOLD REQUIREMENTS
1. Reciprocity. The Board will consider an application for admission without examination
only from a person who has been admitted to practice before the court of last resort of a
jurisdiction (i.e., a state or territory of the United States, or the District of Columbia) that permits
lawyers licensed in Virginia to be admitted to practice without examination in such jurisdiction
(a "Reciprocal Jurisdiction"). The purpose of the reciprocity requirement is to encourage other
jurisdictions to grant the same privilege to Virginia lawyers.
2. Minimum Period of Bar Admission. Before being eligible to apply for admission without
examination, the applicant must have been admitted to practice law before the court of last resort
of a state or territory of the United States, or of the District of Columbia, for at least five (5)
years.
3. Requirement of Minimum Current Practice. An applicant may apply for admission
without examination only if the applicant has been engaged in the full-time practice of law for at
least three (3) of the last five (5) years immediately preceding his or her application for
admission to the Virginia Bar. Except as provided in Threshold Requirement 4 below, the
applicant must have been licensed to engage in the practice of law in the jurisdiction where such
practice occurred. Practice from an office located in a foreign country will not be accepted as
qualifying practice. Persons holding a Virginia Corporate Counsel Certificate under Part I of
Rule 1A:5 may receive credit as provided in such Rule.
4. Practice of law. For purposes of admission without examination, "practice of law"
ordinarily means (i) private practice as a sole practitioner or for a law firm, legal services office,
legal clinic, or similar entity; (ii) practice as an attorney for a corporation, limited liability
company, partnership, trust, individual or other entity, provided such practice involved the
primary duties of furnishing legal counsel, drafting legal documents and pleadings, interpreting
and giving advice regarding the law, and preparing, trying or presenting cases before courts or
administrative agencies; (iii) practice as an attorney for the federal or a state or local government
with the same primary duties as described above regarding attorneys for a corporation; (iv)
employment as a judge for the federal or a state government; (v) service as a judicial law clerk
for a state or federal court; or (vi) service on active duty in a branch of the armed forces of the
United States as a judge advocate or law specialist, as those terms are defined in the Uniform
Code of Military Justice, 10 U.S.C. § 801, as amended, provided that such position requires a
valid license to practice law and involves the same primary duties as described above regarding
attorneys for a corporation. With the exception of the positions described in (iv) and (v) above,
qualifying law practice must have involved an attorney-client relationship and, with the
exception of the positions described in (iv), (v) and (vi) above, must have occurred subsequent to
having been issued a license to engage in the practice of law in the jurisdiction where the law
practice was conducted, unless the applicant establishes, by satisfactory evidence, that such
practice is permitted by statute, rule, court order, or by written confirmation from the admitting
or disciplinary authority of the jurisdiction where the practice occurred. The applicant must
demonstrate that he or she meets the practice of law requirement to the satisfaction of the Board.
The Board may require the applicant to produce substantiating evidence which may include, but
is not limited to, a detailed description of legal services provided, letters from clients and/or
opposing counsel, certification of a judge, samples of work product, and detailed time records. In
addition, the Board may require the applicant to appear personally before the Board and furnish
such additional information as may be required. For purposes of admission without examination,
“practice of law” ordinarily does not mean document review work.
*
*
*
-- 19 --

ASSESSMENT OF FITNESS AND PROGRESS
If an applicant provides satisfactory evidence that he or she meets all of the above threshold
requirements, the Board will thereafter determine from the evidence provided by the applicant
and the results of any investigation conducted by the Board or its designee whether such
applicant (i) is a person of honest demeanor and good moral character and possesses the requisite
fitness to perform the obligations and responsibilities of a practicing attorney, and (ii) has made
such progress in the practice of law that it would be unreasonable to require the applicant to take
an examination to demonstrate current minimum competency. The applicant has the burden to
prove by clear and convincing evidence that he or she is a person of honest demeanor and good
moral character and possesses the requisite fitness to perform the obligations and responsibilities
of a practicing attorney and thus is a proper person to practice law in Virginia. If an applicant
fails to answer any question on the Character and Fitness Questionnaire or which is otherwise
propounded by the Board, or to supply any requested documentary material, the Board may find
that the applicant has not met the burden of proving his or her good moral character.
*
*
*
The Board will determine whether the present character and fitness of an applicant qualifies
the applicant for admission to the practice of law. In making this determination, the following
factors will be considered in assigning weight and significance to the applicant's prior conduct:
i. age of the applicant at the time of the conduct;
ii. recency of the conduct;
iii. reliability of the information concerning the conduct;
iv. seriousness of the conduct;
v. factors underlying the conduct;
vi. cumulative effect of the conduct or information;
vii. evidence of rehabilitation;
viii. positive social contributions of the applicant since the conduct;
ix. candor of the applicant in the admissions process; and
x. materiality of any omissions or misrepresentations.
*
*
*
Rule 1A:1. Admission to Practice in This Commonwealth Without Examination
(a) Reciprocity — Any person who has been admitted to practice law before the court of
last resort of any state or territory of the United States or of the District of Columbia may file an
application to be admitted to practice law in this Commonwealth without examination, if counsel
licensed to practice law in this Commonwealth may be admitted in that jurisdiction without
examination.
(b) Application — An applicant for admission to practice law without examination in this
Commonwealth must:
(1) File with the Secretary of the Virginia Board of Bar Examiners (the Board) an
application under oath on a form furnished by the Board;
(2) Furnish a certificate, signed by the presiding judge of the court of last resort or other
proper official for every jurisdiction in which the applicant is or has been licensed to practice
law, stating:
(i) that the applicant is in good standing, and if not the reasons why;
-- 20 --

(ii) the length of time the applicant has been or was licensed in that jurisdiction; and
(iii) any restriction or condition placed on the applicant's license to practice law in that
jurisdiction.
(3) Certify in writing under oath that the applicant has completed 12 hours of instruction
approved by the Virginia Continuing Legal Education Board on Virginia substantive and/or
procedural law within the preceding six-month period;
(4) Certify in writing under oath that the applicant has read and is familiar with the Virginia
Rules of Professional Conduct;
(5) Complete the Applicant's Character and Fitness Questionnaire and furnish a report of
the National Conference of Bar Examiners, or such other report as the Board may require,
concerning the applicant's past practice and record, and pay the fee for such report; and
(6) Pay such filing fee as may be fixed from time to time by the Board.
(c) Board Review — Upon receipt of a completed application, the Board will determine in
accordance with the regulations issued by the Supreme Court of Virginia whether the applicant
has established by satisfactory evidence that he or she:
(1) Is a proper person to practice law; and
(2) Pursuant to Code § 54.1-3931, has been admitted to practice law before the court of last
resort of any state or territory of the United States or of the District of Columbia for at least five
years; and
(3) Has practiced law for at least three of the immediately preceding five years and has
made such progress in the practice of law that it would be unreasonable to require the applicant
to take an examination. The Board may require the applicant to appear personally before the
Board, the Character and Fitness Committee (the Committee) of the Board, or a member of
either the Board or the Committee, and furnish any such additional information as may be
required. If the applicant's license to practice law in any other jurisdiction is subject to any
restriction or condition, the Board will determine whether the nature of such restriction or
condition is inconsistent with the practice of law and, if so, will deny the application. If the
Board determines that the applicant is qualified to be admitted to the practice of law in this
Commonwealth without examination, the Board will approve the application and notify the
applicant of its decision.
(d) Admission — Upon notification by the Board that the applicant's application has been
approved, the applicant may be issued a certificate, pursuant to Code § 54.1-3931, to practice
law in this Commonwealth if:
(1) A member of the Virginia State Bar who is qualified to practice before the Supreme
Court moves the applicant's admission to practice law in this Commonwealth in open court;
(2) The motion is granted; and
(3) The applicant takes and subscribes to the oaths required of attorneys at law.
(e) Active Membership — Upon payment of applicable dues, and completion of other
membership obligations set forth in Part 6, Section IV of the Rules of the Supreme Court of
Virginia, the applicant will become an active member of the Virginia State Bar. An attorney
admitted pursuant to the Rule is subject to the same membership obligations as other active
members of the Virginia State Bar, and all legal services provided in Virginia by an attorney
admitted pursuant to this Rule will be deemed the practice of law and will subject the attorney to
all rules governing the practice of law in Virginia, including the Virginia Rules of Professional
Conduct. The rules set forth in Part 6, Section IV, governing how members may change their
-- 21 --

status to associate, judicial, disabled, retired or emeritus, apply to attorneys admitted pursuant to
this Rule.
(f) An attorney admitted to practice law in this Commonwealth without examination under
prior versions of this Rule is no longer subject to the requirement that he or she intends to
practice law full time as a member of the Virginia State Bar.
*
*
*
Rule 1A:2. Foreign Patent and Trademark Attorneys - When Admitted to Practice in the
Courts of This State Limited to Patent and Trademark Law Without Examination.
No lawyer admitted to practice limited to patent and trademark law as defined in § 54.13901(A) prior to July 1, 2000, pursuant to this Rule 1A:2 prior to July 1, 2000, may hold himself
or herself out as authorized to practice law generally in this Commonwealth.
*
*
*
Rule 1A:4. Out-of-State Lawyers - When Allowed by Comity to Participate in a Case Pro
Hac Vice.
1. Introduction. A lawyer who is not a member of the Virginia State Bar, but is currently
licensed and authorized to practice law in another state, territory, or possession of the United
States of America (hereinafter called an "out-of-state lawyer") may apply to appear as counsel
pro hac vice in a particular case before any court, board or administrative agency (hereinafter
called "tribunal") in the Commonwealth of Virginia upon compliance with this rule.
2. Association of Local Counsel. No out-of-state lawyer may appear pro hac vice before any
tribunal in Virginia unless the out-of-state lawyer has first associated in that case with a lawyer
who is an active member in good standing of the Virginia State Bar (hereinafter called "local
counsel"). The name of local counsel must appear on all notices, orders, pleadings, and other
documents filed in the case. Local counsel must personally appear and participate in pretrial
conferences, hearings, trials, or other proceedings actually conducted before the tribunal. Local
counsel associating with an out-of-state lawyer in a particular case must accept joint
responsibility with the out-of-state lawyer to the client, other parties, witnesses, other counsel
and to the tribunal in that particular case. Any pleading or other paper required to be served
(whether relating to discovery or otherwise) is invalid unless it is signed by local counsel. The
tribunal in which such case is pending has full authority to deal with local counsel exclusively in
all matters connected with the pending case. If it becomes necessary to serve notice or process in
the case, any notice or process served upon local counsel is valid as if served on the out-of-state
lawyer.
3. Procedure for applying. Appearance pro hac vice in a case is subject to the discretion and
approval of the tribunal where such case is pending. An out-of-state lawyer desiring to appear
pro hac vice under this rule must comply with the procedures set forth herein for each case in
which pro hac vice status is requested. For good cause shown, a tribunal may permit an out-ofstate lawyer to appear pro hac vice on a temporary basis prior to completion by the out-of-state
lawyer of the application procedures set forth herein. At the time such temporary admission is
granted, the tribunal will specify a time limit within which the out-of-state lawyer must complete
the application procedures, and any temporary pro hac vice admission is deemed revoked in the
event the out-of-state lawyer fails to complete the application procedure within the time limit.
(a) Notarized Application. In order to appear pro hac vice as counsel in any matter pending
before a tribunal in the Commonwealth of Virginia, an out-of- state lawyer must deliver to local
-- 22 --

counsel to file with the tribunal an original notarized application and a non-refundable
application fee of $250.00 payable to the Clerk of the Supreme Court. Pro hac vice counsel must
submit a notarized application with the non-refundable application fee of $250.00 for each
separate case before a tribunal. The fee must be paid to the Clerk of the Supreme Court of
Virginia. The tribunal must file a copy of the notarized application, as well order granting pro
hac vice admission in the case and the $250.00 fee, with the Clerk of the Supreme Court of
Virginia. Original, notarized applications and orders granting, denying or revoking applications
to appear pro hac vice must be retained in a separate file containing all applications. The clerk of
the tribunal must maintain the application for a period of three years after completion of the case
and all appeals.
(b) Motion to associate counsel pro hac vice. Local counsel must file a motion to associate
the out-of-state lawyer as counsel pro hac vice with the tribunal where the case is pending,
together with proof of service on all parties in accordance with the Rules of the Supreme Court
of Virginia. The motion of local counsel must be accompanied by: (1) the original, notarized
application of the out-of-state lawyer; (2) a proposed order granting or denying the motion; and
(3) the required application fee.
(c) Entry of Order. The order granting or denying the motion to associate counsel pro hac
vice must be entered by the tribunal promptly and a copy of the order must be forwarded to the
Clerk of the Supreme Court. An out-of-state lawyer may make no appearance in a case until the
tribunal where the case is pending enters the order granting the motion to associate counsel pro
hac vice unless temporary admission has been approved pursuant to this rule. The order granting
pro hac vice status is valid until the case is concluded in the courts of this Commonwealth or a
court revokes the pro hac vice admission.
4. Notarized Application. The notarized application required by this rule must be on a form
approved by the Supreme Court of Virginia and available at the office of the clerk of the tribunal
where the case is pending.
5. Discretion and Limitation on Number of Matters. The grant or denial of a motion
pursuant to this rule by the tribunal is discretionary. The tribunal should deny the motion if the
out-of-state lawyer has been previously admitted pro hac vice before any tribunal or tribunals in
Virginia in twelve (12) cases within the last twelve (12) months preceding the date of the current
application. In the enforcement of this limitation, the tribunal may consider whether the pending
case is a related or consolidated matter for which the out-of-state lawyer has previously applied
to appear pro hac vice. Before ruling on a pro hac vice motion, the tribunal will verify with the
Supreme Court of Virginia the number of cases during the preceding twelve (12) months in
which the out-of-state lawyer was admitted in Virginia pro hac vice.
6. Transfer of Venue and Appeal. The out-of-state lawyer's pro hac vice admission will be
deemed to continue in the event the venue in the case or proceeding is transferred to another
tribunal or is appealed; provided, however, that the tribunal having jurisdiction over such
transferred or appealed case has the discretion to revoke the authority of the out-of-state lawyer
to appear pro hac vice.
7. Duty to Report Status. An out-of-state lawyer admitted pro hac vice has a continuing
obligation during the period of such admission to advise the tribunal promptly of any disposition
made of pending disciplinary charges or the institution of any new disciplinary proceedings or
investigations. The tribunal must advise the Clerk of the Supreme Court of Virginia if the
tribunal denies or revokes the out-of-state lawyer's permission to appear pro hac vice.
8. Record-keeping. The Clerk of the Supreme Court of Virginia will maintain an electronic
database necessary for the administration and enforcement of this rule.
-- 23 --

9. Disciplinary Jurisdiction of the Virginia State Bar. An out-of-state lawyer admitted pro
hac vice pursuant to this rule is subject to the jurisdiction of all tribunals and agencies of the
Commonwealth of Virginia, and the Virginia State Bar, with respect to the laws and rules of
Virginia governing the conduct and discipline of out-of- state lawyers to the same extent as an
active member of the Virginia State Bar. An applicant or out-of-state lawyer admitted pro hac
vice may be disciplined in the same manner as a member of the Virginia State Bar.
*
*
*
Rule 1A:5. Virginia Corporate Counsel & Corporate Counsel Registrants.
Introduction
Notwithstanding any rule of this Court to the contrary, any person employed in Virginia as
a lawyer exclusively for a for-profit or a non-profit corporation, association, or other business
entity, including its subsidiaries and affiliates, that is not a government entity, and the business of
which consists solely of lawful activities other than the practice of law or the provisions of legal
services (“Employer”), for the primary purpose of providing legal services to such Employer,
including one who holds himself or herself out as “in-house counsel,” “corporate counsel,”
“general counsel,” or other similar title indicating that he or she is serving as legal counsel to
such Employer, must either (i) be a regularly admitted active member of the Virginia State Bar;
(ii) be issued a Corporate Counsel Certificate as provided in Part I of this rule and thereby
become an active member of the Virginia State Bar with his or her practice limited as provided
therein; or (iii) register with the Virginia State Bar as provided in Part II of this rule; provided,
however, no person who is or has been a member of the Virginia State Bar, and whose Virginia
License, at the time of application, is revoked or suspended, may be issued a Corporate Counsel
Certificate or permitted to register under this Rule.
Part I
Virginia Corporate Counsel
(a) A lawyer admitted to the practice of law in a state (other than Virginia), or territory of
the United States, or the District of Columbia may apply to the Virginia Board of Bar Examiners
(“Board”) for a certificate as a Virginia Corporate Counsel (“Corporate Counsel Certificate”) to
practice law as in-house counsel in this state when he or she is employed by an Employer in
Virginia.
(b) Required Evidence. Each applicant for a Corporate Counsel Certificate must file with
the Secretary of the Board an application under oath on a form furnished by the Board and must
submit evidence satisfactory to the Board that he or she:
*
*
*
(8) has filed an affidavit, upon a form furnished by the Board, from an officer of the
applicant’s Employer attesting to the fact that the applicant is employed as legal counsel to
provide legal services exclusively to the Employer, including its subsidiaries and affiliates; that
the nature of the applicant’s employment conforms to the requirements of Part I of this rule; and
that the Employer must notify the Virginia State Bar immediately upon the termination of the
applicant’s employment.
(c) Provisional Certificate. During the period in which an application for a Corporate
Counsel Certificate is pending with the Board until the applicant is notified that either (i) his or
her application is rejected; or (ii) he or she is eligible to practice pursuant to Part I of this rule,
the applicant may be employed in Virginia as Certified Corporate Counsel on a provisional basis
by an Employer furnishing the affidavit required by Part I(b)(8) of this rule.
-- 24 --

(d) Admission. Upon a finding by the Board that the applicant has complied with the
requirements of Part I(b) of this rule, the Board will notify the applicant that he or she is eligible
to be issued a Corporate Counsel Certificate. After the applicant has taken and subscribed to the
oath required of attorneys at law, the applicant will be issued a Corporate Counsel Certificate,
which permits the applicant to practice law in Virginia solely as provided in Part I(e) of this rule.
The applicant may take the required oath by appearing before the Justices of the Supreme Court
of Virginia in Richmond at an appointed date and time.
(e) Scope. The practice of a lawyer certified pursuant to Part I of this rule is limited to
practice exclusively for the Employer furnishing the affidavit required by Part I(b)(8) of this rule,
including its subsidiaries and affiliates, and may include appearing before a Virginia court or
tribunal as counsel for the Employer. Except as specifically authorized under Part I(f), no lawyer
certified pursuant to Part I of this rule may (i) undertake to represent any person other than his or
her Employer before a Virginia court or tribunal; (ii) offer or provide legal services to any person
other than his or her Employer; (iii) undertake to provide legal services to any other person
through his or her Employer; or (iv) hold himself or herself out to be authorized to provide legal
services or advice to any person other than his or her Employer.
(f) Pro Bono Service. Notwithstanding the restrictions set out in Part I(e) on the scope of
practice, a lawyer certified pursuant to Part I of this rule may, and is encouraged to, provide
voluntary pro bono publico services in accordance with Rule 6.1 of the Virginia Rules of
Professional Conduct.
(g) Rights and Obligations. A lawyer issued a Corporate Counsel Certificate immediately
becomes an active member of the Virginia State Bar, with his or her practice limited as provided
in Part I(e) of this rule, and must pay to the Virginia State Bar the annual dues required of
regularly admitted active members of the Virginia State Bar.
(1) All legal services provided in Virginia by a lawyer certified pursuant to Part I of this rule
is deemed the practice of law in Virginia and subjects the lawyer to all rules governing the
practice of law in Virginia, including the Virginia Rules of Professional Conduct and Part 6,
Section IV, Paragraph 13 of the Rules of the Supreme Court of Virginia. Jurisdiction of the
Virginia State Bar continues whether or not the lawyer retains the Corporate Counsel Certificate
and irrespective of the lawyer’s presence in Virginia.
(2) A lawyer certified pursuant to Part I of this rule is subject to the same membership
obligations as other active members of the Virginia State Bar, including Mandatory Continuing
Legal Education requirements. A lawyer certified pursuant to Part I of this rule must use as his or
her address of record with the Virginia State Bar a business address in Virginia of the Employer
furnishing the affidavit required by Part I(b)(8) of this rule.
(3) A lawyer certified pursuant to Part I of this rule must promptly report to the Virginia
State Bar any change in employment, any change in bar membership status in any state, territory
of the United States or the District of Columbia in which the lawyer has been admitted to the
practice of law, or the imposition of any disciplinary sanction in a state, territory of the United
States or the District of Columbia or by any federal court or agency before which the lawyer has
been admitted to practice.
(4) The period of time a lawyer practices law under a Corporate Counsel Certificate issued
pursuant to Part I of this rule will be considered in determining whether the lawyer has fulfilled
the active practice of law requirement for admission to practice law in Virginia without
examination pursuant to Rule 1A:1 and any guidelines approved by the Supreme Court of
Virginia for review of applications for admission without examination.
-- 25 --

(h) Termination. A lawyer’s authority to practice law which may be permitted pursuant to
Part I of this rule will be automatically suspended when (i) employment by the Employer
furnishing the affidavit required by Part I(b)(8) of this rule is terminated, (ii) the lawyer fails to
comply with any provision of Part I of this rule, or (iii) when the lawyer is suspended or
disbarred for disciplinary reasons in any state, territory of the United States or the District of
Columbia or by any federal court or agency before which the lawyer has been admitted to
practice. Any lawyer whose authority to practice is suspended pursuant to (i) above may be
reinstated upon evidence satisfactory to the Virginia State Bar that the lawyer is in full
compliance with the requirements of Part I of this rule, which evidence must include an affidavit
furnished by the lawyer’s new Employer. Any lawyer whose authority to practice is suspended
pursuant to (ii) above may be reinstated by compliance with applicable provisions of Part 6,
Section IV, Paragraph 19 of the Rules of the Supreme Court of Virginia. Any lawyer whose
authority to practice is suspended or terminated under (iii) above may petition for reinstatement
pursuant to Part 6, Section IV, Paragraph 13-25 of the Rules of the Supreme Court of Virginia.
(i) No time spent as Corporate Counsel Registrant will be considered in determining
eligibility for admission to the Virginia Bar without examination.
(j) The Board and the Virginia State Bar may adopt regulations as needed to implement the
requirements of Part I of this rule.
*
*
*
Part II
Corporate Counsel Registrants
*
*
*
(b) A registrant must:
(1) Register with the Virginia State Bar upon a form, under oath, furnished by the Virginia
State Bar, which must include affirmations that (i) he or she will at no time undertake to
represent his or her Employer or any other person, organization or business entity before a
Virginia court or tribunal except as permitted pursuant to Rule 1A:4 of this Court, (ii) his or her
work is limited to business and legal services related to issues confronting his or her Employer at
a regional, national or international level with no specific nexus to Virginia, and (iii) he or she will
not provide legal advice or services to any person other than his or her Employer.

(2) Furnish a certificate, signed by the presiding judge of the court of last resort of a
jurisdiction in which the registrant is admitted to practice law, stating that the registrant is
licensed to practice law and is an active member in good standing of the bar of such jurisdiction.
(3) File an affidavit, upon a form furnished by the Virginia State Bar, from an officer of the
registrant's Employer attesting to the fact that the registrant is employed as legal counsel to
provide legal services exclusively to the Employer, including its subsidiaries and affiliates; that
the nature of the registrant's employment conforms to the requirements of Part II of this rule; and
that the Employer will notify the Virginia State Bar immediately upon the termination of the
registrant's employment.
*
*
*
(d) Upon completion of the requirements of Part II(b) of this rule, the registrant will
immediately be recorded by the Virginia State Bar as a Corporate Counsel Registrant. Each
registrant must pay to the Virginia State Bar the annual dues required of regularly admitted
active members of the Virginia State Bar. No lawyer registered pursuant to Part II of this rule
may (i) undertake to represent his or her Employer or any other person or entity before a Virginia
court or tribunal except as permitted for lawyers licensed and in good standing in another United
-- 26 --

States jurisdiction pursuant to Rule 1A:4 of this Court; (ii) offer or provide legal services to any
person other than his or her Employer; (iii) undertake to provide legal services to another
through his or her Employer; or (iv) hold himself or herself out to be authorized to provide legal
services or advice to any person other than his or her Employer.
(e) The provision of legal services to his or her Employer by a lawyer registered pursuant to
Part II of this rule is deemed the practice of law in Virginia only for purposes of subjecting the
lawyer to the Virginia Rules of Professional Conduct; the jurisdiction of the disciplinary system
of the Virginia State Bar; and Part 6, Section IV, Paragraph 13 of the Rules of the Supreme Court
of Virginia. Jurisdiction of the Virginia State Bar will continue whether or not the lawyer
maintains the registration and irrespective of the lawyer's presence in Virginia.
(f) A lawyer registered pursuant to Part II of this rule must use as his or her address of
record with the Virginia State Bar a business address in Virginia of the Employer furnishing the
affidavit required by Part II(b)(3) of this rule.
(g) A lawyer registered pursuant to Part II of this rule must promptly report to the Virginia
State Bar any change in employment, any change in bar membership status in any state, territory
of the United States, the District of Columbia, or other country in which the lawyer has been
admitted to the practice of law, or the imposition of any disciplinary sanction in a state, territory
of the United States, the District of Columbia, or other country, or by any federal court or agency
before which the lawyer has been admitted to practice.
(h)
A lawyer’s authority to provide legal services which may be permitted pursuant to
Part II of this rule will be automatically suspended when (i) employment by the Employer
furnishing the affidavit required by Part II(b)(3) of this rule is terminated, (ii) the lawyer fails to
comply with any provision of Part II of this rule, or (iii) the lawyer is suspended or disbarred for
disciplinary reasons in any state, territory of the United States, the District of Columbia, other
country, or by any federal court or agency before which the lawyer has been admitted to practice.
Any lawyer whose authority to practice is suspended pursuant to (i) above may be reinstated
upon evidence satisfactory to the Virginia State Bar that the lawyer is in full compliance with the
requirements of Part II of this rule, which must include an affidavit furnished by the lawyer’s
new Employer. Any lawyer whose authority to practice is suspended pursuant to (ii) above may
be reinstated by compliance with applicable provisions of Part 6, Section IV, Paragraph 19 of the
Rules of the Supreme Court of Virginia. Any lawyer whose authority to practice is suspended or
terminated pursuant to (iii) above, may petition for reinstatement pursuant to Part 6, Section IV,
Paragraph 13-25 of the Rules of the Supreme Court of Virginia.
(i) No time spent as Corporate Counsel Registrant will be considered in determining
eligibility for admission to the Virginia Bar without examination.
*
*
*
Rule 1A:6. Foreign Attorneys - Registered Military Legal Assistance Attorneys.
*
*
*
(b) Each applicant for a Military Legal Assistance Attorney Certificate must:
(1) File with the secretary of the Virginia Board of Bar Examiners an application, under
oath, upon a form furnished by the Board.
(2) Furnish a certificate, signed by the presiding judge of the court of last resort, or other
appropriate official of the jurisdiction in which the applicant is admitted to practice law, stating
that the applicant is licensed to practice law and is an active member in good standing of the bar
of such jurisdiction.
-- 27 --

(3) File an affidavit, upon a form furnished by the Board, from commanding officer, staff
judge advocate or chief legal officer of the military base in Virginia where the applicant is
employed, stationed, or assigned, attesting to the fact that the applicant is serving as a lawyer to
provide legal services exclusively for the military, that the nature of the applicant's employment
or service conforms to the requirements of this rule, and that the commanding officer, staff judge
advocate or chief legal officer, or his or her successor, will notify the Virginia State Bar
immediately upon the termination of the applicant's employment or service at the military base.
(c) Upon a finding by the Board of Bar Examiners that the applicant has produced evidence
sufficient to satisfy the Board that the applicant is a person of honest demeanor and good moral
character who possesses the requisite fitness to perform the obligations and responsibilities of a
practicing attorney at law and satisfies all other requirements of this rule, the Board will notify
the applicant that he or she is eligible to be issued a Military Legal Assistance Attorney
Certificate. After the applicant has taken and subscribed to the oaths required of attorneys at law,
the Board will issue to the applicant a Military Legal Assistance Attorney Certificate, which
entitles the applicant to represent clients eligible for legal assistance in the courts and tribunals of
this Commonwealth solely as provided in this rule.
(d) Each lawyer issued a Military Legal Assistance Attorney Certificate must immediately
register as an active member of the Virginia State Bar, with his or her practice limited as
provided in this rule, and pay to the Virginia State Bar the same dues required of regularly
admitted active members. (The requirement to pay dues is waived for a lawyer during the first
two years immediately following the initial issue of a Military Legal Assistance Attorney
Certificate to that lawyer.)
(e) The practice of a lawyer registered under this rule is limited within this Commonwealth
to practice exclusively pursuant to the laws, rules, and regulations governing the military
services, and may include appearing before a court or tribunal of this Commonwealth as counsel
for a client eligible for legal assistance on:
*
*
*
(f) Representation in proceedings before courts or tribunals of this Commonwealth is limited
to low-income legal assistance clients for whom hiring a lawyer in private practice would entail a
substantial financial hardship to themselves or their families. All pleadings filed by a legal
assistance attorney will cite this rule, include the name, complete address, and telephone number
of the military legal office representing the client and the name, rank or grade, and armed service
of the lawyer registered under this rule providing representation.
(g) No lawyer registered under this rule may (i) undertake to represent any person other
than an eligible legal assistance client before a court or tribunal of this Commonwealth, (ii) offer
to provide legal services in this Commonwealth to any person other than as authorized by his or
her military service, (iii) undertake to provide legal services in this Commonwealth to any person
other than as authorized by his or her military service, or (iv) hold himself or herself out in this
Commonwealth to be authorized to provide legal services to any person other than as authorized
by his or her military service.
(h) Representing clients eligible for legal assistance in the courts or tribunals of this
Commonwealth under this rule is deemed the practice of law and will subject the lawyer to all
rules governing the practice of law in Virginia, including the Virginia Rules of Professional
Conduct and the Rules of Procedure for Disciplining Lawyers (Rules of Court, Pt. 6, Section IV,
Paragraph 13). Jurisdiction of the Virginia State Bar will continue whether or not the lawyer
retains the Military Legal Assistance Attorney Certificate and irrespective of the lawyer's
presence in Virginia.
-- 28 --

(i) Each person registered with the Virginia State Bar as an active member on the basis of a
Military Legal Assistance Attorney Certificate is subject to the same membership obligations as
other active members, including completion of the required Professionalism Course and annual
Mandatory Continuing Education requirements. A lawyer registered under this rule must use as
his or her address of record with the Virginia State Bar the military address in Virginia of the
commanding officer, staff judge advocate or chief legal officer which filed the affidavit on the
lawyer's behalf.
(j) Each person issued a Military Legal Assistance Attorney Certificate must promptly
report to the Virginia State Bar any change in employment or military service, any change in bar
membership status in any state or territory of the United States, or the District of Columbia
where the applicant has been admitted to the practice of law, or the imposition of any
disciplinary sanction in a state or territory of the United States or the District of Columbia or by
any federal court or agency where the applicant has been admitted to the practice of law.
(k) The limited authority to practice law which may be granted under this rule is
automatically terminated when (i) the lawyer is no longer employed, stationed, or assigned at the
military base in Virginia from which affidavit required by this rule was filed, (ii) the lawyer has
been admitted to the practice of law in this state by examination or pursuant to any other
provision of part 1A of these Rules, (iii) the lawyer fails to comply with any provision of this
rule, (iv) the lawyer fails to maintain current good standing as an active member of a bar in at
least one state or territory of the United States, other than Virginia, or the District of Columbia,
or (v) when suspended or disbarred for disciplinary reasons in any state or territory of the United
States or the District of Columbia or by any federal court or agency where the lawyer has been
admitted to the practice of law. If a lawyer is no longer employed, stationed, or assigned at the
military base in Virginia from which affidavit required by this rule was filed, but the lawyer,
within six months after the last day of employment or service, is re-employed by, or militarily
reassigned to, the same military base or by another military base in Virginia filing the affidavit
required by this rule, the Military Legal Assistance Attorney Certificate will be reinstated upon
evidence satisfactory to the Board that the lawyer remains in full compliance with all
requirements of this rule.
The period of time a lawyer practices law full time on the basis of a Military Legal
Assistance Attorney Certificate issued pursuant to this rule may be considered in determining
whether such lawyer has fulfilled the requirements for admission to practice law in this
Commonwealth without examination under Rule 1A:1 and any guidelines approved by the
Supreme Court of Virginia for review of applications for admission without examination.
*
*
*
Rule 1A:7. Certification of Foreign Legal Consultants.
*
*
*
(b) Proof Required. An applicant under this rule must file with the secretary of the
Board:
*
*
*
(e) Rights and Obligations. Subject to the scope of practice limitations set forth in
paragraph (d) of this rule, a person certified as a foreign legal consultant under this rule is
entitled and subject to:
*
*
*
-- 29 --

(3) No time spent practicing as a foreign legal consultant will be considered in determining
eligibility for admission to the Virginia bar without examination.
(f) Disciplinary Provisions. A person certified to practice as a foreign legal consultant under
this Rule is subject to professional discipline in the same manner and to the same extent as any
member of the Bar and to this end:
(1) Every person certified to practice as a foreign legal consultant under these Rules:
(i) is subject to regulation by the Bar and to admonition, reprimand, suspension, removal or
revocation of his or her certificate to practice in accordance with the rules of procedure for
disciplinary proceedings set forth in Part 6, Section IV, Paragraph 13 of the Rules of the
Supreme Court of Virginia; and
(ii) must execute and file with the Bar, in such form and manner as the Bar may prescribe:
(A) his or her commitment to observe the Virginia Rules of Professional Conduct and any
other rules of court governing members of the bar to the extent they may be applicable to the
legal services authorized under paragraph (d) of this Rule;
(B) a written undertaking to notify the Bar of any change in such person's good standing as
a member of any foreign legal profession referred to in paragraph (a)(1) of this rule and of any
final action of any professional body or governmental authority referred to in paragraph (b)(2) of
this rule imposing any disciplinary censure, suspension, or other sanction upon such person; and
(C) a duly acknowledged instrument, in writing, setting forth his or her address in this
Commonwealth which must be both his or her address of record with the Bar and such person's
actual place of business for rendering services authorized by this rule. Such address must be one
where process can be served and the foreign legal consultant has a duty to promptly notify the
Membership Department of the Bar in writing of any changes in his or her address of record.
(g) Application and Renewal Fees. An applicant for a certificate as a foreign legal
consultant under this rule must pay to the Virginia Board of Bar Examiners the application fee
and costs as may be fixed from time to time by the Board. A person certified as a foreign legal
consultant must pay an annual fee to the Virginia State Bar which will also be fixed by the
Supreme Court of Virginia. A person certified as a foreign legal consultant who fails to complete
and file the renewal form supplied by the Bar or pay the annual fee will have his or her
certificate as a foreign legal consultant administratively suspended in accordance with the
procedures set out in Part 6, Section IV, Paragraph 19 of the Rules of the Supreme Court of
Virginia.
(h) Revocation of Certificate for Non-Compliance. In the event that the Bar determines that
a person certified as a foreign legal consultant under this rule no longer meets the requirements
under this rule, it will revoke the certificate granted to such person hereunder.
(i) Reinstatement. Any foreign legal consultant whose authority to practice is suspended
may be reinstated upon evidence satisfactory to the Bar that such person is in full compliance
with this rule; however, a reinstatement of a foreign legal consultant's certificate following a
suspension for non-compliance with paragraph (g) of this rule is governed by Part 6, Section IV,
Paragraph 19 of the Rules of the Supreme Court of Virginia; and reinstatement of a foreign legal
consultant's certificate following a disciplinary suspension or revocation is governed by Part Six,
Section IV, Paragraph 13 of the Rules of the Supreme Court of Virginia.
(j) Admission to Bar. In the event that a person certified as a foreign legal consultant under
this rule is subsequently admitted as a member of the Bar under the provisions of the rules
governing such admission, the certificate granted to such person hereunder is deemed superseded
by the admission of such person to the Bar.
-- 30 --

(k) Regulations. The Bar and the Board may adopt regulations as needed to implement their
respective responsibilities under this rule.
(l) Effective Date. This rule becomes effective on January 1, 2009.
*
*
*
Rule 1A:8. Military Spouse Provisional Admission.
1. Requirements. A person who meets all requirements of subparagraphs (a) through (m) of
paragraph 2 of this Rule 1A:8 may, upon motion, be provisionally admitted to the practice of law
in Virginia.
2. Required Evidence. The applicant for provisional admission must submit evidence
satisfactory to the Virginia Board of Bar Examiners (the "Board") that he or she:
*
*
*
3. Issuance, Admission, Duration and Renewal.
(a) Issuance. - The Board having certified that all prerequisites have been complied with,
the applicant for provisional admission will, upon payment of applicable dues and completion of
the other membership obligations set forth in Part 6, Section IV of the Rules of the Supreme
Court of Virginia, become an active member of the Virginia State Bar. An attorney provisionally
admitted pursuant to this Rule is subject to the same membership obligations as other active
members of the Virginia State Bar, and all legal services provided in Virginia by a lawyer
admitted pursuant to this Rule are deemed the practice of law and will subject the attorney to all
rules governing the practice of law in Virginia, including the Virginia Rules of Professional
Conduct.
(b) Admission. - Upon notification by the Board that the applicant's application has been
approved, the applicant must take and subscribe to the oath required of attorneys at law. The
applicant may take the required oath by appearing before the Justices of the Supreme Court of
Virginia in Richmond at an appointed date and time or by appearing before a judge of a court of
record in Virginia. Once the attorney has taken the oath, it remains effective until the attorney's
provisional admission is terminated pursuant to paragraph 5 of this Rule.
(c) Duration. - A provisional admission may be renewed by July 31 of each year, upon
filing with the Virginia State Bar (i) a written request for renewal, (ii) an affidavit by supervising
Local Counsel, who certifies to the provisionally admitted attorney's continuing employment by
or association with Local Counsel and to Local Counsel's adherence to the supervision
requirements as provided under this Rule, and (iii) compliance with the membership obligations
of Part 6, Section IV of the Rules of the Supreme Court of Virginia applicable to active members
of the Virginia State Bar.
(d) Renewal. - When the active duty service member is assigned to an unaccompanied or
remote follow-on assignment and the attorney continues to physically reside in Virginia, the
provisional admission may be renewed until that unaccompanied or remote assignment ends,
provided that the attorney complies with the other requirements for renewal.
4. Supervision of Local Counsel. A person provisionally admitted to practice under this
Rule may engage in the practice of law in this jurisdiction only under the supervision and
direction of Local Counsel.
(a) As used in this Rule, Local Counsel means an active member in good standing of the
Virginia State Bar, whose office is in Virginia.

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(b) Local Counsel must provide to the Virginia State Bar his or her Virginia State Bar
number, physical office address, mailing address, email address, telephone number, and written
consent to serve as Local Counsel, on the form provided by the Board.
(c) Unless specifically excused from attendance by the trial judge, Local Counsel must
personally appear with the provisionally admitted attorney on all matters before the court.
(d) Local Counsel will be responsible to the courts, the Virginia State
Bar, the Supreme Court of Virginia, and the client for all services provided by the
provisionally admitted attorney pursuant to this Rule.
(e) Local Counsel is obligated to notify the Executive Director of the Virginia State Bar
when the supervising relationship between the provisionally admitted attorney and Local
Counsel is terminated.
5. Events of Termination. An attorney's provisional admission to practice law pursuant to
this Rule will immediately terminate and the attorney must immediately cease all activities under
this Rule upon the occurrence of any of the following:
*
*
*
6. Notices Required.
(a) An attorney provisionally admitted under this Rule must provide written notice to the
Virginia State Bar of any Event of Termination within thirty (30) days of the occurrence thereof.
(b) Within thirty (30) days of the occurrence of any Event of Termination, the attorney
must:
(i) provide written notice to all his or her clients that he or she can no longer represent such
clients and furnish proof to the Executive Director of the Virginia State Bar within sixty (60)
days of such notification; and
(ii) file in each matter pending before any court or tribunal in this Commonwealth a notice
that the attorney will no longer be involved in the matter, which must include the substitution of
the Local Counsel, or such other attorney licensed to practice law in Virginia selected by the
client, as counsel in the place of the provisionally admitted attorney.
7. Benefits and Responsibilities. An attorney provisionally admitted under this Rule is
entitled to the benefits and subject to all responsibilities and obligations of active members of the
Virginia State Bar, and is subject to the jurisdiction of the courts and agencies of the
Commonwealth of Virginia and to the Virginia State Bar with respect to the laws and rules of
this Commonwealth governing the conduct and discipline of attorneys to the same extent as an
active member of the Virginia State Bar.
*
*
*
Rule 2A:1. Authorization; Definitions; Application.
(a) These rules are promulgated pursuant to § 2.2-4026 of the Code of Virginia. They apply
to the review of, by way of direct appeal from, the adoption of a regulation or the decision of a
case by an agency.
(b) All terms used in this part that are defined in Chapter 40, Article 1 of Title 2.2 are used
with the definitions therein contained. Every agency may designate some individual to perform
the function of "agency secretary." If there is no designated "agency secretary," that term means
the executive officer of the agency.
(c) The term "party" means any person affected by and claiming the unlawfulness of a
regulation, or a party aggrieved who asserts a case decision is unlawful or any other affected
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person or aggrieved person who appeared in person or by counsel at a hearing, as defined in §
2.2-4001, with respect to the regulation or case decision as well as the agency itself. Whenever a
case decision disposes of an application for a license, permit or other benefit, the applicant,
licensee or permittee is a necessary party to any proceeding under this part.
*
*
*
Rule 2A:2. Notice of Appeal.
(a) Any party appealing from a regulation or case decision must file with the agency
secretary, within 30 days after adoption of the regulation or after service of the final order in the
case decision, a notice of appeal signed by the appealing party or that party's counsel. With
respect to appeal from a regulation, the date of adoption or readoption is the date of publication
in the Register of Regulations. In the event that a case decision is required by § 2.2-4023 or by
any other provision of law to be served by mail upon a party, 3 days will be added to the 30-day
period for that party. Service under this Rule is sufficient if sent by registered or certified mail to
the party's last address known to the agency.
(b) The notice of appeal must identify the regulation or case decision appealed from, must
state the names and addresses of the appellant and of all other parties and their counsel, if any,
must specify the circuit court to which the appeal is taken, and must conclude with a certificate
that a copy of the notice of appeal has been mailed to each of the parties. Any copy of a notice of
appeal that is sent to a party's counsel or to a party's registered agent, if the party is a corporation,
will be deemed adequate and will not be a cause for dismissal of the appeal; provided, however,
sending a notice of appeal to an agency's counsel will not satisfy the requirement that a notice of
appeal be filed with the agency secretary. The omission of a party whose name and address
cannot, after due diligence, be ascertained will not be cause for dismissal of the appeal.
(c) Any final agency case decision as described in § 2.2-4023 must advise the party of the
time for filing a notice of appeal under this Rule.
*
*
*
Rule 2A:3. Record on Appeal.
(a) If a formal hearing was held before the agency, the appellant must deliver to the agency
secretary with his notice of appeal, or within 30 days thereafter, a transcript of the testimony if it
was taken down in writing, or if it was not taken down in writing, a statement of the testimony in
narrative form. If the agency secretary deems the statement inaccurate, he may append a further
statement specifying the inaccuracies.
(b) The agency secretary must prepare and certify the record as soon as possible after the
notice of appeal and transcript or statement of testimony is filed and served. Once the court has
entered an order overruling any motions, demurrers and other pleas filed by the agency, or if
none have been filed within the time provided by Rule 3:8 for the filing of a response to the
process served under Rule 2A:4, the agency secretary must, as soon as practicable or within such
time as the court may order, transmit the record to the clerk of the court named in the notice of
appeal. In the event of multiple appeals in the same proceeding, only one record need be
prepared and it must be transmitted to the clerk of the court named in the first notice of appeal
filed. If there are multiple appeals to different courts from the same regulation or case decision,
all such appeals will be transferred to and heard by the court having jurisdiction that is named in
the notice of appeal that is the first to be filed. The agency secretary must notify all parties in
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writing when the record is transmitted, naming the court to which it is transmitted. Papers filed in
any other clerk's office must be forwarded by such clerk to the proper clerk's office.
(c) The record on appeal from an agency proceeding consists of all notices of appeal, any
application or petition, all orders or regulations promulgated in the proceeding by the agency, the
opinions, the transcript or statement of the testimony filed by appellant, and all exhibits accepted
or rejected, together with such other material as may be certified by the agency secretary to be a
part of the record.
(d) Upon the adoption of standards for the preparation of electronic or digital records for
use in appeals, records under this Rule must comply with such standards.
(e) In the event the agency secretary determines that the record is so voluminous that its
certification and filing pursuant to part (b) of this Rule would be unduly burdensome upon the
agency or upon the clerk of the court, the agency may, prior to and in lieu of filing the entire
record, move the court for leave to file an index to such record. A party must have the
opportunity to respond to the agency’s motion within 10 days of filing the motion. Thereafter, if
the court grants the agency’s motion, the record, or such parts thereof as the parties may agree
upon or as the court may determine, must be filed in the form of a joint appendix or in such other
form as the court may direct. The agency must nevertheless retain the entire record and make it
available to the parties on reasonable request during the pendency of the appeal.
*
*
*
Rule 2A:4. Petition for Appeal.
(a) Within 30 days after the filing of the notice of appeal, the appellant must file a petition
for appeal with the clerk of the circuit court named in the first notice of appeal to be filed. Such
filing must include within such 30-day period both the payment of all fees and the taking of all
steps provided in Rules 3:2, 3:3 and 3:4 to cause a copy of the petition for appeal to be served (as
in a civil action) on the agency secretary and on every other party. The petition may be filed
electronically as provided under Rule 1:17.
(b) The petition for appeal must designate the regulation or case decision appealed from,
specify the errors assigned, state the reasons why the regulation or case decision is deemed to be
unlawful and conclude with a specific statement of the relief requested.
*
*
*
Rule 2A:5. Further Proceedings.
Further proceedings in an appeal under this Part Two-A are governed by the rules contained
in Part Three, where not in conflict with the Code of Virginia or this part, subject to the
following:
(1) No appeal or issue under this Part Two-A may be referred to a commissioner in
chancery.
(2) Except for Rule 4:15 where applicable under this Rule, the provisions of Part Four do
not apply to appeals under this part and, unless ordered by the court, depositions may not be
taken.
(3) Once any motions, demurrers or other pleas filed by the agency have been overruled, or
if none have been filed within the time provided by Rule 3:8 for the filing of a response to the
process served under Rule 2A:4, the appeal is deemed submitted and no answer or further
pleadings will be required except as provided herein or by order of the court.
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(4) When the case is submitted and the record has been filed as provided in Rule 2A:3, the
court will establish by order a schedule for briefing and argument of the issues raised in the
petition for appeal.
(5) The court will dispose of the appeal by an order consistent with its authority set forth in
§§ 2.2-4029 and 2.2-4030 of the Code of Virginia.
*
*
*
Rule 2A:6. Small Business Challenges
(a) In addition to the other remedies established in this Part Two-A, as provided by § 2.24027 of the Code of Virginia, a “small business” as defined in § 2.2-4007.1(A) of the Code of
Virginia that is adversely affected or aggrieved by final agency regulatory action as described
therein may seek judicial review for the limited purpose of appealing the issue of compliance
with the requirements of §§ 2.2-4007.04 and 2.2-4007.1. Such appeal may be initiated by filing a
notice of appeal as described in Rule 2A:2 within one year of the date of such final agency
action.
(b) In all other respects, the provisions of this Part Two-A apply to such appeals.
*
*
*
Rule 2:101 TITLE
These Rules are known as Virginia Rules of Evidence.
*
*
*
Rule 2:102 SCOPE AND CONSTRUCTION OF THESE RULES
These Rules state the law of evidence in Virginia. They are adopted to implement
established principles under the common law and not to change any established case law
rendered prior to the adoption of the Rules. Common law case authority, whether decided before
or after the effective date of the Rules of Evidence, may be argued to the courts and considered
in interpreting and applying the Rules of Evidence. As to matters not covered by these Rules,
the existing law remains in effect. Where no rule is set out on a particular topic, adoption of the
Rules has no effect on current law or practice on that topic.
*
*
*
Rule 2:104 PRELIMINARY DETERMINATIONS
(a) Determinations made by the court. The qualification of a person to be a witness, the
existence of a privilege, or the admissibility of evidence is decided by the court, subject to the
provisions of subdivision (b).
(b) Relevancy conditioned on proof of connecting facts. Whenever the relevancy of
evidence depends upon proof of connecting facts, the court may admit the evidence upon or, in
the court's discretion, subject to, the introdu

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/court_rules%3Ava%3A031d26ebd58db19b. Public record. Not legal advice.