Rules of Supreme Court of Virginia

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TABLE OF CONTENTS

Rules of Supreme Court of Virginia

Part One.

General Rules Applicable to All Proceedings

Appendix of Forms

Part One A.

Foreign Attorneys

Part Two.

Virginia Rules of Evidence

Part Two A.

Appeals Pursuant to the Administrative Process Act

Part Three.

Practice and Procedures in Civil Actions

Part Three A.

Criminal Practice and Procedures

Appendix of Forms

Part Three B.

Traffic Infractions and Uniform Fine Schedule

Part Three C.

Non-Traffic Prepayable Offenses and Uniform Fine Schedule

Part Three D.

[Repealed]

Part Four.

Pretrial Procedures, Dispositions and Production at Trial

Part Five.

The Supreme Court

Appendix of Forms

Part Five A.

The Court of Appeals

Appendix of Forms

Part Six

Integration of the State Bar

Part Seven A.

General District Courts – In General

Part Seven B.

General District Courts – Civil

Part Seven C.

General District Courts – Criminal and Traffic

Part Eight.

Juvenile and Domestic Relations District Courts

Part Nine.

Judicial Performance Evaluation Program

Part Ten.

Provision of Legal Services Following Determination of Major Disaster

Appendix of Forms

Part Eleven.

Access to Judicial Records

RULES OF THE SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

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. 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.

(b) General Rule: Orders Deemed Final. — Unless otherwise provided by rule or

statute, a judgment, order, or decree is final if it disposes of the entire matter before the

court, including all claim(s) and all cause(s) of action against all parties, gives all the

relief contemplated, and leaves nothing to be done by the court except the ministerial

execution of the court's judgment, order, or decree.

prejudice or without leave to amend is sufficient to dispose of the claim(s) or ca use(s) of

action subject to the demurrer, even if the order does not expressly dismiss the claim(s) or

cause(s) of action at issue. An order sustaining a demurrer and granting leave to file an

amended pleading by a specific time is sufficient to dispose of the claim(s) or cause(s) of

action subject to the demurrer, if the amended pleading is not filed within the specific

time provided, even if the order does not expressly dismiss the claim(s) or cause(s) of

action at issue.

(d) Pleas in Bar and Motions for Summary Judgment. — An order sustaining a plea

in bar or sustaining a plea in bar with prejudice or without leave to amend is sufficient to

dispose of a claim(s) or cause(s) of action subject to the plea in bar, as is an order

granting a motion for summary judgment, even if the order does not expressly dismiss the

claim(s) or cause(s) of action at issue or enter judgment for the moving party.

(e) Motions to Strike. — In a civil case, an order which merely grants a motion to

strike, without expressly entering summary judgment or partial summary judgment or

dismissing the claim(s) or cause(s) of action at issue, is insufficient to dispose of the

claim(s) or cause(s) of action at issue.

Last amended by Order dated November 1, 2021; effective January 1, 2022.

RULES OF THE SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

Rule 1:1A.

Recovery of Appellate Attorney Fees in Circuit Court.

(a) Notwithstanding any provision of Rule 1:1, in any civil action appealed to an

appellate court that results in a final appellate judgment favorable to an appellee, a

prevailing appellee who has recovered attorney 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 attorney fees, costs or both incurred on appeal.

The prevailing appellee must file the application and a copy of the final appellate

judgment with the circuit court clerk within 30 days after the entry of a final appellate

judgment. The application 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. The

phrase “final appellate judgment” as used in this rule means the issuance of the mandate

by the appellate court or, in cases in which no mandate issues, the final judgment or order

of the appellate court disposing of the matter. For a petition for appeal under Rule 5:17,

the “final appellate judgment” is the later of the order denying the petition for appeal or

the order denying a petition for rehearing, if any, under Rule 5:20.

(b) Nothing in this Rule restricts or prohibits the exercise of any other right or remedy

for the recovery of attorney fees or costs, by separate suit or action, or otherwise.

Last amended by Order dated September 26, 2024; effective November 25, 2024.

RULES OF THE SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

Rule 1:1B. Jurisdictional Transfer During Appeal of Final or Partial Final Judgment

in Circuit Court.

(a) Jurisdiction After Notice of Appeal. — When a final judgment under Rule 1:1(b) or

a partial final judgment under Rule 1:2 is appealed from a circuit court to the Court of

Appeals or, when allowed by statute, directly to the Supreme Court, the following

principles govern the exercise of jurisdiction by the circuit and appellate court:

(1) Effect of Notice. Immediately upon the filing of a notice of appeal the appellate

court acquires jurisdiction over the case. After the filing of the notice of appeal, however,

the circuit court retains concurrent jurisdiction for the purposes specified in this Rule,

including acting upon any of the matters set forth in subparts (a)(3)(A)-(H) of this Rule.

(2) Notice of Appeal Within 21 Days. If a notice of appeal has been filed prior to the

expiration of the 21-day period prescribed by Rule 1:1, the circuit court retains plenary,

concurrent jurisdiction over the case until the expiration of that period.

(A) If the circuit court vacates the final judgment during this 21-day period, a notice of

appeal filed prior to the vacatur order is thereby rendered moot and of no effect. The clerk

of the circuit court must forward a copy of the vacatur order to the appropriate appellate

court and — if an appeal has been docketed in the matter — upon receipt of the circuit

court's vacatur order the appellate court must issue an order dismissing the appeal as moot.

(B) Following a circuit court's vacatur order, a new notice of appeal from the entry of

any subsequent final judgment must be timely filed. No new notice of appeal is required,

however, for a prior final judgment that was merely suspended or modified, but not

vacated. The fact that a prior notice of appeal has been rendered moot by a vacatur order,

and that any docketed appeal thereon has been dismissed, has no effect upon proceedings

pursuant to a notice of appeal filed after the entry of a subsequent final judgment by the

circuit court.

(3) Notice of Appeal Filed After 21 Days. If a notice of appeal has been filed after

the expiration of the 21-day period prescribed by Rule 1:1, the circuit court retains limited,

concurrent jurisdiction during the pendency of the appeal solely for the purposes of:

(A) addressing motions to grant post-conviction bail during the pendency of an

appeal in criminal cases;

(B) addressing motions to stay the judgment pending appeal;

of an appeal or suspending bond pursuant to Code § 8.01-676.1;

(D) correcting clerical mistakes in a final judgment in accordance with Code §

8.01-428(B), but only with leave of the appellate court;

(E) exercising its authority under Code § 19.2-306 to revoke suspended criminal

sentences and to pronounce judgment for violations of any terms of suspension, conditions

of probation, either or both;

(F) addressing motions to enforce a final judgment, including, but not limited to,

the exercise of the court's contempt powers;

(G) appointing appellate counsel for indigent criminal defendants; or

(H) taking any other action authorized by statute or Rule of Court to be undertaken

notwithstanding the expiration of the 21-day period prescribed by Rule 1:1, which actions

include, but are not limited to, those authorized by Code §§ 8.01-392 to -394, 8.01-428,

8.01-623, 8.01-654(A)(2), 8.01-677, 19.2-303, 20-107.3 (K), 20-108, and 20-109 and

Rules 1:1A, 5:10(b), 5:11, 5A:7(b), and 5A:8, so long as the party requesting the action

complies with the applicable time limitation in the statute or Rule authorizing such action.

(4) Correcting Clerical Mistakes Before the Filing of a Notice of Appeal. Before a

notice of appeal has been filed, the circuit court has plenary authority to correct clerical

mistakes in a final judgment during the 21-day period prescribed by Rule 1:1. After the

expiration of that 21-day period, and before a notice of appeal has been filed, a circuit

court has authority pursuant to Code § 8.01-428(B) to correct clerical mistakes in a final

judgment.

(b) Motion to Dismiss in the Appellate Court. — At any time after a notice of appeal

has been filed and after the expiration of the 21-day period prescribed by Rule 1:1, any

party to an appeal may file a motion in the appellate court to dismiss the appeal. The

motion may assert that the appeal has become moot or cannot proceed for some other

sufficient reason. The failure to file such a motion, however, does not preclude a party

from making such arguments in its appellate briefs. The appellate court may decide the

motion based upon the existing record or, in its discretion, issue a temporary remand of the

matter to the circuit court for the purpose of making findings of fact regarding factual

issues relevant to the motion.

notice of appeal has been filed and after the expiration of the 21-day period prescribed by

Rule 1:1, a party legally entitled to appointed counsel may file a motion in the appropriate

appellate court for the appointment of appellate counsel. The appellate court may act upon

the motion or may, in its discretion, refer the motion to the circuit court for appointment.

Promulgated by Order dated July 2, 2019; effective September 1, 2019.

Last amended by Order dated June 21, 2024; effective August 20, 2024.

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PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

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.

(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.

Promulgated by Order dated July 2, 2019; effective September 1, 2019.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

Rule 1:2. Appeal From Partial Final Judgment in Multi-Party Cases.

(a) When Available. — When claims for relief are presented in a civil action against multiple

parties — whether in a complaint, counterclaim, cross-claim, or third-party claim — the trial

court may enter final judgment as to one or more but fewer than all of the parties only by

entering an order expressly labeled "Partial Final Judgment" which contains express findings that

(i) the interests of such parties, and the grounds on which judgment is entered as to them, are

separate and distinct from those raised by the issues in the claims against remaining parties, and

(ii) the results of any appeal from the partial final judgment cannot affect decision of the claims

against the remaining parties, and (iii) decision of the claims remaining in the trial court cannot

affect the disposition of claims against the parties subject to the Partial Final Judgment if those

parties are later restored to the case by reversal of the Partial Final Judgment on appeal.

(b) Time to Appeal. — Entry of an order of Partial Final Judgment as provided in

subparagraph (a) of this Rule commences the period for filing a notice of appeal from such

Partial Final Judgment under Rule 5A:6, subject to the provisions of Rule 1:1 and these Rules.

to enter a Partial Final Judgment under this Rule.

(d) Other Dispositions Adjudicating Claims Against Fewer than All Parties. — In the

absence of the entry of a Partial Final Judgment order as provided in subparagraph (a) of this

Rule, any order which adjudicates fewer than all the claims or the rights and liabilities of fewer

than all the parties in the action is not a final judgment.

Former Rule 5:8A, promulgated by Order dated April 30, 2010; effective July 1, 2010.

Relocated and renumbered as Rule 1:2 by Order dated November 1, 2016; effective

January 1, 2017.

Last amended by Order dated November 1, 2021; effective January 1, 2022.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

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.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

RULES OF THE SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

Rule 1:4. General Provisions as to Pleadings.

(a) Counsel tendering a pleading gives his assurance as an officer of the court that it is

filed in good faith and not for delay.

(b) A pleading that is sworn to is an affidavit for all purposes for which an affidavit is

required or permitted.

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. A denial must fairly respond to the substance of the allegation. A

party that intends in good faith to deny only part of an allegation must admit the part that

is true and deny the rest. 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.

(j) Brevity is enjoined as the outstanding characteristic of good pleading. In any

pleading a simple statement, in numbered paragraphs, of the essential facts is sufficient.

(k) A party asserting either a claim, counterclaim, cross-claim, or third-party claim or

a defense may plead alternative facts and theories of recovery against alternative parties,

provided that such claims, defenses, or demands for relief so joined arise out of the same

transaction or occurrence. When two or more statements are made in the alternative and

one of them if made independently would be sufficient, the pleading is not made

insufficient by the insufficiency of one or more of the alternative statements. A party may

also state as many separate claims or defenses as he has regardless of consistency and

whether based on legal or equitable grounds.

(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

submitting it, along with any electronic mail (E-mail) address and facsimile number

regularly used for business purposes by such counsel of record.

Last amended by Order dated June 21, 2024; effective August 20, 2024.

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PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

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. Any such

pleading, notice, or brief may be signed electronically or by inclusion of a digital image

of the signature. The electronic signature accompanying the document when filed

constitutes that person’s signature on the document for purposes of Code § 8.01-271.1.

(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.

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. Any such pleading, notice, or paper may be signed electronically

or by inclusion of a digital image of the signature. The electronic signature accompanying

the document when filed constitutes that person’s signature on the document for purposes

of Code § 8.01-271.1.

(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;

(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, prior to or simultaneous with the

proceeding, file and serve on all parties a notice of limited scope appearance (A) stating

that the attorney is (i) employed by a qualified legal services provider, as defined in

Section IV, Paragraph 3(f) 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 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. For the duration of the limited scope

appearance as provided in this Rule, service of all papers 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. 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.

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) Limited Scope Appearance for a Single District Court Hearing. If the matters,

hearings, or issues on which the attorney will appear for the party are limited to one court

appearance in General District Court or Juvenile and Domestic Relations District Court,

an attorney meeting the criteria in subpart (f)(1) may, prior to or simultaneous with the

appearance, file and serve on all parties a notice of limited scope appearance for a single

District Court hearing. The notice of limited scope appearance for a single District Court

hearing serves as both a notice of appearance and notice of completion of limited scope

appearance. The limited scope appearance will automatically conclude at the end of the

District Court hearing. The completion or termination of limited scope appearance

requirements outlined in subpart (f)(4) do not apply to a limited scope appearance for a

single District Court hearing. Nothing will preclude an attorney from making more than

one limited scope appearance.

(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.

Last amended by Order dated June 21, 2024; effective August 20, 2024.

RULES OF THE SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

Rule 1:5A. Signature Defects.

(a) Signature Compliance and Defects. — If a pleading, motion, or other paper is not signed in

compliance with Code § 8.01-271.1(A), it is defective. Such a defect renders the pleading,

motion, or other paper voidable.

(b) Raising Signature Defects; Waiver. —

(1) Pursuant to paragraphs (E) and (F) of Code § 8.01-271.1, the issue of a signature

defect must be raised in the trial court unless the signature defect occurs in an appellate

filing. Signature defects in appellate filings, including the notice of appeal, must be raised

in the appellate court where the appeal is taken.

(2) Failure to raise the issue of a signature defect in a pleading, motion or other paper,

other than the notice of appeal, before the trial court’s jurisdiction expires pursuant to Rule

1:1(a) and Rule 1:1B, waives any challenge based on such defect. Failure to raise the issue

of a signature defect in appellate documents, including the notice of appeal, in the appellate

court waives any challenge based on such defect.

(1) A signature defect must be cured within 21 days after it is brought to the attention o f

the pleader or movant, as required under Code § 8.01-271.1(G). If a signature defect is

timely and properly cured, the pleading, motion, or other paper is deemed valid and relates

back to the date it was originally served or filed.

(2) If a signature defect is not timely and properly cured after it is brought to the

attention of the pleader or movant, the pleading, motion, or other pap er is invalid and must

be stricken.

(d) Costs and Fees. — The court, upon motion or upon its own initiative, may require the

person who signed the paper, the party represented by that person, or both, to reimburse any

additional costs and fees, including reasonable attorney fees, incurred by other parties solely as a

result of the signature defect.

(e) Statute of Limitations. — If a complaint is filed to commence a civil action under Rule

3:2(a) within the prescribed limitation period and is dismissed due to the failure to timely and

properly cure a signature defect, the provisions of Code § 8.01-229(E)(1) govern the calculation

of the limitation period. The time such action was pending will not be computed as part of the

period within which such action may be brought, and another action may be brought within the

remaining period.

Promulgated by Order dated September 24, 2020; effective November 23, 2020.

Last amended by Order dated June 13, 2022; effective August 12, 2022.

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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 third-party

pleading.

(b) Effective Date. This rule applies to all Virginia judgments entered in civil actions

commenced after July 1, 2006.

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.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

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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.

With respect to Parts Five and Five A of the Rules, this Rule applies only to the time for

filing a brief in opposition.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

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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.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

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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.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

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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.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

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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.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

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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 nextday 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.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

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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.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

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Rule 1:14. Preservation of the Record.

A court may authorize the use of electronic or photographic means for the

preservation of the record or parts thereof.

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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.

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 district. This information will be assembled and published

electronically by the Executive Secretary.

Last amended by Order dated November 25, 2025; effective November 24, 2025.

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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.

(3) All transcripts of proceedings, including any excerpt of a transcript filed as an

exhibit, must be filed in the format of one transcript page per page. The filing of

condensed, “minuscript,” or multi-page transcripts is prohibited.

(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.

Last amended by Order dated November 10, 2022; effective January 9, 2023.

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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 (§§

17.1-258.2 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).

(b) Definitions.

(1) "Electronic Document" means any defined set of textural matter,

graphic content or other encoded information in an approved format, that can be

read, printed, and stored or retained as electrical, magnetic or optically encoded

signals in some medium and that can be transmitted by a data-link.

(2) "Data-link" refers to any means of electronic transmission of a

document in a coded form such that the document can be received, read, printed,

and stored by the recipient.

(3) "E-Filing Portal" means the electronic web site maintained by the

Supreme Court of Virginia designated as the facility for electronically filing

documents, or an alternative which meets the standards set forth in this Rule and

is made available by individual circuit courts.

(4) "Electronic filing" means the official filing of an electronic document

on the court's docket and case files in electronic form by transmission over a datalink.

(5) "Electronically Filed Case" means a case in which pleadings,

motions, notices and other filings are made electronically in accordance with

these rules.

(6) "Hyperlink" means an electronic connection or reference to another

place in the document, such that when the hyperlink is selected the user is taken to

the portion of the document to which the link refers. It is not in itself a part of the

document.

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, active members of the

Virginia State Bar and their authorized agents, and parties appearing pro se, 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 court-assigned 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,

(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 E- Filing 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:

(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.

Last amended by Order dated January 15, 2025; effective March 17, 2025.

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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.

not enter a scheduling order which deviates from the terms of the Uniform Pretrial

Scheduling Order unless either (1) counsel of record for all parties agree to different

provisions, or (2) the court, after providing an opportunity for counsel of record to be

heard, makes a finding that the scheduling order contained in the Appendix is not

consistent with the efficient and orderly administration of justice under the specific

circumstances of that case.

Last amended by Order dated June 13, 2022; effective August 12, 2022.

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Rule 1:19. Pretrial Conferences.

In addition to the pretrial scheduling conferences provided for by Rule 4:13, each

trial court may, upon request of counsel of record, or in its own discretion, schedule a

final pretrial conference within an appropriate time before the commencement of trial. In

cases set for trial for five days or more, upon request of any counsel of record, made at

least 45 days before trial, the court must schedule a final pretrial conference within an

appropriate time before commencement of trial. At the final pretrial conference, which

the trial court in its discretion may conduct in person or by telephone or by

videoconference, the court and counsel of record may consider any of the following:

(a) settlement;

(b) a determination of the issues remaining for trial and whether any

amendments to the pleadings are necessary;

limited to, the admissibility of documents;

(d) a limitation of the number of expert and/or lay witnesses;

(e) any pending motions including motions in limine;

(f) issues relating to proposed jury instructions; and

(g) such other matters as may aid in the disposition of the action.

Last amended by Order dated May 5, 2021; effective July 5, 2021.

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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.

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.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

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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.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

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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.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

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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.

Last amended by Order dated June 13, 2022; effective August 12, 2022.

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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.

The term “fines and costs” also includes 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 may enter into a deferred payment

agreement, a modified deferred payment agreement or an installment payment agreement to pay

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.

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 must 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. If the defendant requests to enter into an installment agreement, the court may

offer installment payments of (i) $25 per month, or a higher amount, depending on a defendant's

ability to pay, which the court will determine using a written financial statement, on a form

developed by the Executive Secretary of the Supreme Court, setting forth the defendant’s

financial resources and obligations or by conducting an oral examination of the defendant to

determine his financial resources and obligations or (ii) less than $25 per month, if the defendant

is determined to be indigent by the court pursuant to § 19.2-159. In the case of a defendant

otherwise eligible to enter a payment plan under this rule, any resources exempted by subsection

(h) may not be considered when determining the payment amount or the length of time to pay

under any deferred, modified deferred, or installment payment agreement.

No court may require a defendant to make a down payment upon entering a deferred,

modified deferred, or installment payment agreement, other than a subsequent payment

agreement, in which case the court may require a down payment pursuant to subsection (g).

Nothing in this rule prevents a defendant from voluntarily making a down payment upon

entering any payment agreement.

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 defendant who has defaulted on a

payment agreement may petition the court for 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 may 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.

(h) Exemptions. ̶ ̶ Any defendant owing fines and costs whose sole financial resource is a

Social Security benefit or Supplemental Security Income is exempt from making any payments

toward such fines and costs at least until such time that the defendant has a resource other than a

Social Security benefit or Supplemental Security Income. If the defendant informs the court that

his sole financial resource is a Social Security benefit or Supplemental Security Income, the case

may not be referred to collections under § 19.2-349.

Courts must include in their payment plan policies developed under Code §§ 19.2-354 and

19.2-354.1 that when the court is informed that a defendant receives a Social Security benefit or

Supplemental Security Income, no payment toward fines and costs may be taken from such

exempt resource.

Promulgated by Order dated November 1, 2016; effective February 1, 2017.

Last amended by Order dated June 18, 2025; effective July 1, 2025.

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RULES APPLICABLE TO ALL PROCEEDINGS

Rule 1:25. Specialty Dockets.

(a) Definition of and Criteria for Specialty Dockets. —

(1) When used in this Rule, the term “specialty dockets” refers to specialized court dockets

within the existing structure of Virginia's circuit and district court system offering judicial

monitoring of intensive treatment, supervision, and remediation integral to case disposition.

(2) Types of court proceedings appropriate for grouping in a “specialty docket” are those

which (i) require more than simply the adjudication of discrete legal issues, (ii) present a

common dynamic underlying the legally cognizable behavior, (iii) require the coordination of

services and treatment to address that underlying dynamic, and (iv) focus primarily on the

remediation of the defendant in these dockets. The treatment, the services, and the disposition

options are those which are otherwise available under law.

(3) Dockets which group cases together based simply on the area of the law at issue, e.g., a

docket of unlawful detainer cases or child support cases, are not considered “specialty dockets.”

(b) Types of Specialty Dockets. — The Supreme Court of Virginia currently recognizes only

the following three types of specialty dockets: (i) recovery court dockets as provided for in the

Recovery Court Act, § 18.2-254.1, (ii) veterans dockets, and (iii) behavioral health dockets as

provided for in the Behavioral Health Docket Act, § 18.2-254.3. Recovery court dockets offer

judicial monitoring of intensive treatment and strict supervision in drug and drug-related cases.

Veterans dockets offer eligible defendants who are veterans of the armed services with substance

dependency or mental illness a specialized criminal specialty docket that is coordinated with

specialized services for veterans. Behavioral health dockets offer defendants with diagnosed

behavioral or mental health disorders judicially supervised, community-based treatment plans,

which a team of court staff and mental health professionals design and implement.

more types of these recognized specialty dockets must petition the Supreme Court of Virginia for

authorization before beginning operation of a specialty docket or, in the instance of an existing

specialty docket, continuing its operation. A petitioning court must demonstrate sufficient local

support for the establishment of this specialty docket, as well as adequate planning for its

establishment and continuation.

(d) Expansion of Types of Specialty Dockets. — A circuit or district court seeking to establish

a type of specialty docket not yet recognized under this rule must first demonstrate to the

Supreme Court that a new specialty docket of the proposed type meets the criteria set forth in

subsection (a) of this Rule. If this additional type of specialty docket receives recognition from

the Supreme Court of Virginia, any local specialty docket of this type must then be authorized as

established in subsection (c) of this Rule.

(e) Oversight Structure. — By order, the Chief Justice of the Supreme Court may establish a

Specialty Docket Advisory Committee and appoint its members. The Chief Justice may also

establish separate committees for each of the approved types of specialty dockets. The members

of the Veterans Docket Advisory Committee, the Behavioral Health Docket Advisory

Committee, and the committee for any other type of specialty docket recognized in the future by

the Supreme Court will be chosen by the Chief Justice. The Recovery Court Advisory

Committee established under Code § 18.2-254.1 constitutes the Recovery Court Docket

Advisory Committee.

(f) Operating Standards. — The Specialty Docket Advisory Committee, in consultation with

the committees created under subsection (e), will establish the training and operating standards

for local specialty dockets.

(g) Financing Specialty Dockets. — Any funds necessary for the operation of a specialty

docket will be the responsibility of the locality and the local court, but may be provided via state

appropriations and federal grants.

(h) Evaluation. — Any local court establishing a specialty docket must provide to the

Specialty Docket Advisory Committee the information necessary for the continuing evaluation

of the effectiveness and efficiency of all local specialty dockets.

Last amended by Order date June 21, 2024; effective August 20, 2024.

RULES OF THE SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

Rule 1:26. File Format Requirements for Pleadings, Motions, Notices, Briefs and Exhibits

Sought to be Filed or Admitted in Electronic or Digital Form.

Any digital or electronic pleading, motion, notice, brief, exhibit or other material (“electronic

document”) made part of any court record is a public record unless sealed by court order or otherwise

provided by law. The party filing, offering, or seeking the admission of an electronic document must

ensure that the document is (i) readily accessible in an unencrypted, non-proprietary, and opensource format or (ii) accompanied by the computer software necessary to view the document if it is

encrypted or stored in a proprietary file format.

Promulgated by Order dated February 15, 2019; effective May 1, 2019.

Last amended by Order dated November 10, 2022; effective January 9, 2023.

RULES OF THE SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

Rule 1:27. Testimony by Audiovisual Means in Circuit Court Civil Cases.

(a) The court may permit a party in any civil trial or proceeding to present live testimony by

means of audiovisual technology upon such conditions as the court may impose. Unless the court

in its discretion allows a motion on shorter notice, such motion must be made, whether orally or

in writing, at least 15 days in advance of the trial or hearing. Any party opposing a written

motion must file any objections in writing 5 days after service of such motion, unless a different

schedule is set by the court.

(b) Unless the courtroom or facility where the testimony will be presented has equipment

meeting the standards of Code § 19.2-3.1, the party offering testimony of a witness by

audiovisual means is responsible for providing the necessary equipment, and all necessary

logistical arrangements, at no cost to the court. All costs and arrangements for the location where

the witness will give testimony are also the responsibility of the party offering the testimony.

Failure to ensure that the courtroom or facility where the trial or hearing is to be held—and the

location where the witness would testify—are properly set up for such testimony will preclude

the offering of such testimony by audiovisual means. Remedies and procedures to address the

failure of the arrangements to function properly for some other reason, such as a power outage

affecting the Virginia courtroom, are within the sound discretion of the presiding judge.

shall be deemed to have been administered within the Commonwealth.

(d) Presumptive cases for allowing remote testimony. — The court should enter an order permitting

live testimony under this Rule as follows:

(1) Consent of All Parties. Upon consent of all parties for live testimony of any party, lay

witness, or expert witness by means of any audiovisual technology; or,

(2) Distant and Other Specific Witnesses. If (i) a lay witness is at a greater distance than 100

miles from the place of trial or hearing, or is out of the Commonwealth, unless it appears that the

absence of the witness was procured by the party offering the testimony, or if (ii) the witness is a

superintendent of a hospital for the insane more than 30 miles from the place of trial, or is a

physician, surgeon, dentist, chiropractor, registered nurse, physician’s assistant or nurse

practitioner who, in the regular course of his or her profession, treated or examined any party to

the proceeding, or is in any public office or service the duties of which prevent his attending court;

provided, however, that if the witness is subject to the jurisdiction of the court, the court may,

upon a showing of good cause or sua sponte, order the witness to attend and to testify ore tenus.

Adopted and promulgated by Order dated January 9, 2020; effective March 15, 2020.

Last amended by Order dated January 15, 2025; effective March 17, 2025.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

APPENDIX

1. Praecipe (Rule 1:15(b)).

VIRGINIA: IN THE CIRCUIT COURT OF THE

..................,

Plaintiff

CASE NO. …

..................,

Defendant

PRAECIPE

I certify that the above styled cause is matured for trial on its merits and request the

Clerk to place it on the docket to be called on .................…………………

date of next docket call

to be set for trial with ( ) or without ( ) a jury.

Dated this ..........day of .........., 20....

.................……………….

Counsel for ...................

CERTIFICATE OF SERVICE

I certify that on the ......... day of .........., 20...., I mailed or delivered a true copy of the

foregoing praecipe to all counsel of record herein pursuant to the provisions of Rule 1:12

of the Rules of the Supreme Court of Virginia, and served a true copy upon parties not

represented by counsel, if any.

.................……………..

Counsel for ...................

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

APPENDIX

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.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

APPENDIX

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 cross-claimant’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 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.

IX. Continuances

Continuances will only be granted by the court for good cause shown.

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.

XII. Waiver or Modification of Terms of Order

Upon motion, the time limits and prohibitions contained in this order may be

waived or modified by leave of court for good cause shown.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

APPENDIX

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

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.

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

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.

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.

XIII. Waiver or Modification of Terms of Order

Upon motion, the time limits and prohibitions contained in this order may be waived or

modified by leave of court for good cause shown.

Last amended by Order dated January 12, 2021; effective immediately.

RULES OF THE SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS

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 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 taking a bar 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;

(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.

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 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 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.

Regulations Governing Applications for Admission to Virginia Bar Pursuant to

Rule of the Supreme Court of Virginia 1A:1, effective December 1, 2018.

INTRODUCTION

Each person who has met the educational requirements and has proved that he or she

satisfies the character and fitness requirements as established by the law of Virginia may

seek admission to the Virginia State Bar by taking the Virginia Bar Examination. A

primary purpose of the Virginia Bar Examination is to determine whether an applicant is

able to demonstrate his or her current minimum competency to engage in the practice of

law in Virginia.

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

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.

The Supreme Court of Virginia has assigned to the Virginia Board of Bar Examiners (the

“Board”) the responsibility to assess the information furnished by an applicant for

admission without examination and to determine, from the information so furnished,

whether the applicant’s experience in the practice of law is sufficient to demonstrate his

or her current competence, good character, and fitness to practice law in Virginia.

In order to guide the Board in its determinations, the Court has adopted the following

criteria to be applied by the Board in assessing applications for admission to the bar of

Virginia without examination:

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

taking a bar 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 the District of Columbia,

for at least five 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 of the last five years immediately preceding his or her application

for admission to the Virginia State 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 unless it is the full-time practice of the

law of the United States and/or any of its states and territories. Persons holding a Virginia

Corporate Counsel Certificate under Part I of Rule 1A:5 may receive credit as provided in

such Rule. Persons holding a Virginia Legal Aid Counsel Certificate under Rule 1A:9

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.

5. Legal Education. The applicant must have received either (i) a J.D. degree from a law

school that was approved by the American Bar Association at the time of such applicant’s

graduation, or (ii) a J.D. degree from a law school not approved by the American Bar

Association at the time of such applicant’s graduation (including a J.D. degree from a

foreign law school), and an LL.M. from a law school approved by the American Bar

Association at the time of such applicant’s graduation, and passed a bar exam in a state or

territory of the United States, or the District of Columbia.

6. Bar Examination History. The applicant must have failed no more than two bar

examinations of any of the states or territories of the United States (including Virginia),

or the District of Columbia, and must have failed no bar examination within the five

years immediately preceding the application for admission to the Virginia State Bar.

7. Instruction in Virginia Law. The applicant must have completed twelve hours of

instruction approved by the Virginia Continuing Legal Education Board on Virginia

substantive and/or procedural law within six months immediately prior to filing an

application and must have read and be familiar with the Virginia Rules of Professional

Conduct.

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 primary purposes of character and fitness screening before admission to the Virginia

Bar are to assure the protection of the public and safeguard the system of justice. An

attorney should be one whose record of conduct justifies the trust of clients, adversaries,

courts, and others with respect to the professional duties owed to them. A record

manifesting a significant deficiency in the honesty, trustworthiness, diligence, or

reliability of an applicant may constitute a basis for denial of admission. The revelation

or discovery of any of the following may be treated as cause for further inquiry before the

Board decides whether the applicant possesses the character and fitness to practice law:

A. commission or conviction of a crime;

B. violation of the honor code of the applicant’s college or university, law school, or

other academic misconduct;

C. making of false statements or omissions, including failing to provide complete

and accurate information concerning the applicant’s past;

D. misconduct in employment;

E. other than an honorable discharge from any branch of the armed services;

F. acts involving dishonesty, fraud, deceit or misrepresentation;

G. abuse of legal process;

H. neglect of financial responsibilities;

I. neglect of professional obligations;

J. violation of an order of a court;

K. denial of admission to the bar in another jurisdiction on character and fitness

grounds;

L. disciplinary action by a lawyer disciplinary agency or other professional

disciplinary agency of any jurisdiction, including pending, unresolved disciplinary

complaints against the applicant;

M. commission of an act constituting the unauthorized practice of law, or unresolved

complaints involving allegations of the unauthorized practice of law; or

N. any other conduct which reflects adversely upon the character or fitness of an

applicant.

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:

ii.

iii.

iv.

vi.

age of the applicant at the time of the conduct;

recency of the conduct;

reliability of the information concerning the conduct;

seriousness of the conduct;

factors underlying the conduct;

cumulative effect of the conduct or information;

vii.

viii.

ix.

evidence of rehabilitation;

positive social contributions of the applicant since the conduct;

candor of the applicant in the admissions process; and

materiality of any omissions or misrepresentations.

In addition, an application will not be approved unless the applicant is a member in good

standing of the bar of the Reciprocal Jurisdiction at the time the Board receives the

character report and conducts its review of that report. If the applicant’s license has ever

been suspended or revoked in any jurisdiction, it must be fully reinstated and in good

standing (no pending disciplinary charges).

In evaluating whether an applicant has demonstrated satisfactory progress in the practice

of law for admission to the practice of law in Virginia without examination, the Board

considers whether the following requirements are evident from the information supplied

by the applicant and from the investigative report:

1. Knowledge of the fundamental principles of law and the ability to recall that

knowledge, to reason, to analyze, and to apply one’s knowledge to relevant facts;

2. The ability to communicate clearly, candidly and civilly with clients, attorneys,

courts, and others;

3. The ability to exercise good judgment in conducting one’s professional business;

4. The ability to conduct oneself with a high degree of honesty, integrity, and

trustworthiness in all professional relationships and with respect to all legal

obligations;

5. The ability to conduct oneself with respect for and in accordance with the law and

the Rules of Professional Conduct;

6. The ability to avoid acts that exhibit disregard for the health, safety and welfare of

others;

7. The ability to conduct oneself diligently and reliably in fulfilling all obligations to

clients, attorneys, courts, and others;

8. The ability to use honesty and good judgment in financial dealings on behalf of

oneself, clients, and others;

9. The ability to comply with deadlines and time constraints; and

10. The ability to conduct oneself professionally and in a manner that engenders

respect for the law and the profession.

Last amended by Order dated September 13, 2023; effective November 12, 2023.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS

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 §

54.1-3901(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.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS

Rule 1A:3.

Revocation of Certificates Issued to Attorneys Admitted Pursuant to

Rule 1A:2.

Following receipt of evidence that a person who was admitted to practice pursuant

to Rule 1A:2 prior to July 1, 2000, has been disbarred pursuant to Part Six of the Rules,

the Supreme Court will revoke the certificate issued to that person.

Last amended by Order dated November 1, 2013; effective February 1, 2014.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS

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-ofstate 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-of-state 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 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.

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 outof-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.

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.

10. In-State Services Related to Out-of-State Proceedings. Subject to the

requirements and limitations of Rule 5.5 of the Virginia Rules of Professional Conduct,

an out-of-state lawyer may provide the following services without the entry of a pro hac

vice order:

(a) In connection with a proceeding pending outside of Virginia, an out-ofstate lawyer admitted to appear in that proceeding may render legal services in

Virginia pertaining to or in aid of such proceeding.

(b) In connection with a case in which an out-of-state lawyer reasonably

believes he is eligible for admission pro hac vice under this rule: (1) the out-ofstate lawyer may consult in Virginia with a member of the Virginia State Bar

concerning a pending or potential proceeding in Virginia; (2) the out-of-state

lawyer may, at the request of a person in Virginia contemplating or involved in a

proceeding in Virginia, consult with that person about that person's retention of

the out-of-state lawyer in connection with that proceeding; and (3) on behalf of a

client residing in Virginia or elsewhere, the out-of-state lawyer may render legal

services in Virginia in preparation for a potential case to be filed in Virginia.

participate in an ADR process, regardless of where the ADR process or

proceeding is expected to take place or actually takes place.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS

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:

(1) has been admitted by examination to practice law before the court of last resort

of any state or territory of the United States or of the District of Columbia;

(2) holds a Juris Doctor degree from a law school accredited by the American Bar

Association at the time of the applicant’s graduation;

(3) is currently an active member in good standing in at least one state or territory of

the United States, or the District of Columbia, where the applicant is admitted to the

practice of law, and is a member in good standing in all jurisdictions where the applicant

has been admitted;

(4) is not currently subject to lawyer discipline or the subject of a pending

disciplinary matter in any other jurisdiction;

(5) possesses the good moral character and general fitness to practice law in

Virginia, and has submitted all requested information, in a manner and to the extent

established by the Board, including all required supporting documents;

(6) has read and is familiar with the Virginia Rules of Professional Conduct;

(7) has paid such fees as may be set by the Board to cover the costs of the character

and fitness investigation and the processing of the application; and

(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.

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.

(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.

(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

(a) Notwithstanding the requirements of Part I of this rule, any lawyer as defined

in the Introduction and Part I(a) of this rule may register with the Virginia State Bar as a

“Corporate Counsel Registrant.” A person admitted to the practice of law only in a

country other than the United States, and who is a member in good standing of a

recognized legal profession in that country, the members of which are admitted to

practice law as lawyers, counselors at law, or the equivalent, and are subject to effective

regulation and discipline by a duly constituted professional body or public authority, may

also register under Part II of this rule.

(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.

(4) Certify that the registrant has read and is familiar with the Virginia Rules of

Professional Conduct.

(5) Pay a registration fee of one hundred and fifty dollars.

Virginia State Bar until the registrant is notified that either (i) his or her registration is

rejected; or (ii) he or she is eligible to practice pursuant to Part II of this rule, the

registrant may be employed in Virginia as a Corporate Counsel Registrant on a

provisional basis by the Employer furnishing the affidavit required by Part II(b)(3) of this

rule.

(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 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 will 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.

(j) The Virginia State Bar may adopt regulations as needed to implement the

requirements of Part II of this rule.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS

Rule 1A:6. Foreign Attorneys - Registered Military Legal Assistance Attorneys.

(a) A lawyer admitted to the practice of law in a state or territory of the United

States, other than Virginia, who is serving in or employed by the armed services and is

authorized to provide legal assistance pursuant to 10 U.S. Code § 1044, may apply to the

Board of Bar Examiners for a certificate as a Registered Military Legal Assistance

Attorney in Virginia ("Military Legal Assistance Attorney Certificate") to represent

clients eligible for legal assistance in the courts and tribunals of this Commonwealth

while the lawyer is employed, stationed, or assigned within Virginia.

(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.

(3) File an affidavit, upon a form furnished by the Board, from the 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.

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:

(1) Adoptions,

(2) Guardianships,

(3) Name changes,

(4) Divorces,

(5) Paternity,

(6) Child custody and visitation, and child and spousal support,

(7) Landlord-tenant disputes on behalf of tenants,

(8) Consumer advocacy cases involving alleged breaches of contracts or

warranties, repossession, or fraud,

(9) Garnishment defense,

(10) Probate,

(11) Enforcement of rights under the Soldiers' and Sailors' Civil Relief Act

of 1940 (50 U.S. Code App. §§ 501-548, 560-593),

(12) Enforcement of rights under the Uniformed Services Employment

and Reemployment Rights Act of 1994 (38 U.S. Code §§ 4301-4333), and

(13) Such other cases within the discretion of the court or tribunal before

which the matter is pending.

(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.

(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 will 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.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS

Rule 1A:7. Certification of Foreign Legal Consultants.

(a) General Requirements. A person admitted to practice law by the duly

constituted and authorized professional body or governmental authority of any foreign

nation may apply to the Virginia Board of Bar Examiners ("Board") for a certificate as a

foreign legal consultant, provided the applicant:

(1) is a member in good standing of a recognized legal profession in a

foreign nation, the members of which are admitted to practice as attorneys or

counselors at law or the equivalent and are subject to effective regulation and

discipline by a duly constituted professional body or a governmental authority;

(2) for at least five of the seven years immediately preceding his or her

application has been a member in good standing of such legal profession and has

actually been engaged in the authorized practice of law, substantially involving or

relating to the rendering of advice or the provision of legal services concerning

the law of the said foreign nation;

(3) possesses the good moral character and general fitness requisite for a

member of the bar of this Commonwealth;

(4) is at least twenty-six years of age; and

(5) intends to practice as a foreign legal consultant in this Commonwealth

and maintain an office in this Commonwealth for that purpose.

(b) Proof Required. An applicant under this rule must file with the secretary of the

Board:

(1) an application for a foreign legal consultant certificate, on a form

furnished by the Board,

(2) a certificate, for each foreign nation in which the applicant is admitted

to practice, from the professional body or governmental authority in such foreign

country having final jurisdiction over professional discipline, certifying as to the

applicant's admission to practice and the date thereof, and as to his or her good

standing as an attorney or counselor at law or the equivalent;

(3) a letter of recommendation, for each foreign nation in which the

applicant is admitted to practice, from one of the members of the executive body

of such professional body or governmental authority or from one of the judges of

the highest law court or court of original jurisdiction of such foreign country;

(4) a duly authenticated English translation of each certificate and letter if,

in either case, it is not in English;

(5) a copy or summary of the law, regulations, and customs of the foreign

country that describes the opportunity afforded to a member of the Virginia State

Bar ("the Bar") to establish an office to provide legal services to clients in such

foreign country, together with an authenticated English translation if it is not in

English;

(6) the requisite documentation establishing the applicant's compliance

with the immigration laws of the United States; and

(7) such other evidence as to the applicant's educational and professional

qualifications, good moral character and general fitness, and compliance with the

requirements of paragraph (a) of this rule as the Board may require.

considering whether to certify an applicant to practice as a foreign legal consultant, the

Board may in its discretion take into account whether a member of the Bar would have a

reasonable and practical opportunity to establish an office and give legal advice to clients

in the applicant's country of admission. Any member of the Bar who is seeking or has

sought to establish an office or give advice in that country may request the Board to

consider the matter, or the Board may do so sua sponte.

(d) Scope of Practice. A person certified to practice as foreign legal consultant

under this Rule may render legal services in the Commonwealth only with regard to

matters involving the law of foreign nation(s) in which the person is admitted to practice

or international law. For purposes of this paragraph, the term "international law" means a

body of laws, rules or legal principles that are based on custom, treaties or legislation and

that control or affect (1) the rights and duties of nations in relation to other nations or

their citizens, or (2) the rights and obligations pertaining to international transactions.

The practice permitted under this rule does not authorize the foreign legal

consultant to appear in court.

(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:

(1) the rights and obligations contained in the Virginia Rules of

Professional Conduct as set forth in Part 6, Section II of the Rules of the Supreme

Court of Virginia; and the procedure for disciplining attorneys as set forth in Part

6, Section IV, Paragraph 13 of the Rules of the Supreme Court of Virginia

(2) the rights and obligations of a member of the Bar with respect to:

(i) affiliation in the same law firm with one or more members of

the bar of this Commonwealth, including by:

(A) employing one or more members of the Bar;

(B) being employed by one or more members of the Bar or

by any partnership or other limited liability entity authorized to

practice law pursuant to Part 6, Section IV, Paragraph 14 of the

Rules of the Supreme Court of Virginia, which such entity includes

an active member of the Bar or which maintains an office in this

Commonwealth;

shareholder in any partnership or other professional limited

liability entity authorized by Part 6, Section IV, Paragraph 14 to

practice law in this Commonwealth which includes an active

member of the Bar or which maintains an office in this

Commonwealth;

(ii) employment as in-house counsel under Part II of Rule 1A:5;

and

(iii) attorney-client privilege, work-product privilege and similar

professional privileges.

(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

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.

(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.

Last amended by Order dated November 23, 2020; effective March 1, 2021.

RULES OF THE SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS

Rule 1A:8. Military Servicemembers with Orders for Military Service in Virginia.

The Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C. § 4025a, governs a

servicemember or spouse of a servicemember who has a “covered” license to practice

law in a state other than Virginia and relocates his or her residence pursuant to orders

requiring military service in Virginia. A “covered license” under SCRA § 4025(a)(f) will

be considered valid in Virginia only if the servicemember or spouse submits a valid

application to the Virginia Board of Bar Examiners in compliance with SCRA §

4025a(c). Provisional licenses may be issued pursuant to SCRA § 4025a(b).

Promulgated by Order dated May 16, 2014.

Last amended by Order dated August 26, 2026; effective August 26, 2026.

RULES OF THE SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS

Rule 1A:9. Virginia Legal Aid Counsel.

Introduction

Notwithstanding any rule of this Court to the contrary, any person employed in Virginia

as a lawyer exclusively for a Virginia Licensed Legal Aid Society, for the purpose of providing

free and reduced fee legal services, and who is not and has not been a fully admitted member of

the Virginia State Bar, may be issued a Legal Aid Counsel Certificate as provided in this rule.

For purposes of this rule, “Legal Aid Employer” is a Virginia Licensed Legal Aid Society. A

person holding a Legal Aid Counsel Certificate shall be considered an active member of the

Virginia State Bar for all matters undertaken on behalf of the clients of a Legal Aid Employer.

Nothing in this rule shall be interpreted to prevent Legal Aid Societies from employing lawyers

for practice before courts or tribunals who are permitted by law to so appear and practice by the

rules of those courts or tribunals, nor does this rule otherwise determine whether a lawyer must

be admitted to the Virginia State Bar. See Rule of Professional Conduct 5.5.

a. A lawyer admitted to the practice of law in a state or territory of the United States or the

District of Columbia (for purposes of this rule, a “State”), may apply to the Virginia Board of

Bar Examiners (“Board”) for a certificate as a Virginia Legal Aid Counsel (“Legal Aid Counsel

Certificate”) to practice in Virginia when the lawyer is employed by a Legal Aid Employer in

Virginia.

b. Required Evidence. Each applicant for a Legal Aid 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 the applicant:

(1) has been admitted by examination to practice law before the court of last resort of any

State;

(2) holds a Juris Doctor degree from a law school that was accredited by the American Bar

Association at the time of the lawyer’s graduation;

(3) is currently an active member of the bar and in good standing in at least one State, and is

in good standing in all jurisdictions where the applicant has been admitted;

(4) has practiced law continuously in another jurisdiction for at least two years preceding the

lawyer’s application for a Legal Aid Counsel Certificate under this Rule;

(5) is not currently subject to lawyer discipline or the subject of a pending disciplinary

matter in any jurisdiction;

(6) possesses the good moral character and general fitness to practice law in Virginia, and

has submitted all requested information, in a manner and to the extent established by the Board,

including all required supporting documents;

(7) has read and is familiar with the Virginia Rules of Professional Conduct;

(8) has paid such fees as may be set by the Board to cover the costs of the character and

fitness investigation and the processing of the application; and

(9) has filed an affidavit, upon a form furnished by the Board, from an officer

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