# Rules of Supreme Court of Virginia

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## Record

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

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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[Repealed]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.
(c) Demurrers. — An order sustaining a demurrer or sustaining a demurrer with
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;
(C) addressing motions and objections in civil cases relating to the amount or form
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.
(c) Motion in Appellate Court for Appointment of Counsel. — 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, 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.

RULES OF SUPREME COURT OF VIRGINIA
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.
(c) Refusal of Partial Final Judgment. — No appeal will lie from a refusal by the trial court
to enter a Partial Final Judgment under this Rule.
(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.
(c) Counsel or an unrepresented party who files a pleading must sign it and state his
address.
(d) Every pleading must state the facts on which the party relies in numbered
paragraphs, and it is sufficient if it clearly informs the opposite party of the true nature of
the claim or defense.
(e) An allegation of fact in a pleading that is not denied by the adverse party's
pleading, when the adverse party is required by these Rules to file such pleading, is
deemed to be admitted. 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.

RULES OF THE SUPREME COURT OF VIRGINIA
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.
(c) As required by Code § 8.01-271.1, a party who is not represented by an attorney—
including a person confined in a state or local correctional facility proceeding pro se—
must sign every pleading, motion, or other paper that he or she serves or files, and must
state his or her address. 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;
or
(3) if replacement counsel is not being designated at the time of withdrawal by an
attorney or law firm, the order permitting withdrawal must state the address and
telephone number of the formerly represented party for use in subsequent mailings or
service of papers and notices, and the pro se party will be deemed counsel of record.
(e) As required by Code §§ 8.01-319(A) and 16.1-88.03, any party not represented
by counsel who has made an appearance in the case must promptly file with the clerk of
the court in which the action is pending a written statement of his or her place of
residence and mailing address, and must inform the clerk in writing of any changes of

residence and mailing address during the pendency of the action. The clerk and all parties
to the action may rely on the last written statement filed as aforesaid.
(f) Limited Scope Appearance; Notice; Service; Completion or Termination of
Appearance.
(1) Notice of Limited Scope Appearance by a Qualified Legal Services Provider.
In any civil court proceeding an attorney may, 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.
(C) Replacement Counsel or the Party Acting Pro Se. — If replacement counsel is
not being designated at the time of the attorney’s completion of limited scope appearance,
the notice of completion of limited scope appearance or order permitting termination of
limited scope appearance must state the address and telephone number of the party on

whose behalf the limited appearance was made for use in subsequent mailings or service
of papers and notices, and said party will be deemed self-represented.
(5) 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.
(c) Curing Signature Defects; Failure to Cure. —
(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.

RULES OF SUPREME COURT OF VIRGINIA
PART ONE
RULES APPLICABLE TO ALL PROCEEDINGS
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.
(c) Exceptions. The provisions of this Rule do not bar a party or a party's insurer
from prosecuting separate personal injury and property damage suits arising out of the
same conduct, transaction or occurrence, and do not bar a party who has pursued
mechanic's lien remedies pursuant to Virginia Code § 43-1 et seq. from prosecuting a
subsequent claim against the same or different defendants for relief not recovered in the
prior mechanic's lien proceedings, to the extent heretofore permitted by law.
(d) Privity. The law of privity as heretofore articulated in case law in the
Commonwealth of Virginia is unaffected by this Rule and remains intact. For purposes of
this Rule, party or parties include all named parties and those in privity.

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 1:7. Computation of Response Dates.
Whenever a party is required or permitted under these Rules, or by direction of the
court, to do an act within a prescribed period of days after service of a paper upon
counsel of record,
(a) No days will be added if the paper is served by:
(1) manual delivery no later than 5:00 p.m. by counsel, counsel’s agent or courier, or
a commercial delivery service making same-day delivery;
(2) facsimile transmission completed no later than 5:00 p.m.; or
(3) electronic mail transmitted no later than 5:00 p.m.
(b) One day will be added to the prescribed time if the paper is served by:
(1) placing the paper in the hands of a commercial delivery service before midnight
for next-day delivery, or
(2) completion of the following after 5:00 p.m. but before midnight: (A) manual
delivery by counsel, counsel’s agent or courier, or a commercial delivery service making
same-day delivery; (B) transmission by facsimile; or (C) transmission by electronic mail.
(c) three days will be added to the prescribed time if the paper is served by mail.
With respect to Parts Five and Five A of the Rules, this Rule applies only to the time for
filing a brief in opposition.

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 1:8. 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.

RULES OF SUPREME COURT OF VIRGINIA
PART ONE
RULES APPLICABLE TO ALL PROCEEDINGS

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.

RULES OF SUPREME COURT OF VIRGINIA
PART ONE
RULES APPLICABLE TO ALL PROCEEDINGS

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.

RULES OF SUPREME COURT OF VIRGINIA
PART ONE
RULES APPLICABLE TO ALL PROCEEDINGS

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.

RULES OF SUPREME COURT OF VIRGINIA
PART ONE
RULES APPLICABLE TO ALL PROCEEDINGS

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.

RULES OF SUPREME COURT OF VIRGINIA
PART ONE
RULES APPLICABLE TO ALL PROCEEDINGS

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.

RULES OF SUPREME COURT OF VIRGINIA
PART ONE
RULES APPLICABLE TO ALL PROCEEDINGS

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.

RULES OF THE SUPREME COURT OF VIRGINIA
PART ONE
RULES APPLICABLE TO ALL PROCEEDINGS

Rule 1:15. Local Rules of Court.
(a) Whenever a local rule is prescribed by a circuit court it must be spread upon the
order book and a copy with the date of entry must be forthwith posted in the clerk's
office, filed with the Executive Secretary of the Supreme Court, and furnished to
attorneys regularly practicing before that circuit court; and whenever an attorney
becomes counsel of record in any proceedings in a circuit court in which he does not
regularly practice, it is his responsibility to ascertain the rules of that court and abide
thereby. The clerk must, upon request, promptly furnish a copy of all rules then in force
and effect.
(b) Whenever a local rule is prescribed by a circuit court providing for the orderly
management of the civil docket by use of the praecipe system, the praecipe must be
substantially in the form appearing in the appendix of forms at the end of this Part One.
(c) Whenever a local rule is prescribed by a circuit court providing for the
submission of instructions prior to trial, such local rule must be substantially in the form
appearing in the appendix of forms at the end of this Part One.
(d) The chief judges of the circuit and juvenile and domestic relations district courts
must, on or before December 31 of each year, furnish the Executive Secretary of the
Supreme Court current general information relating to the management of the courts
within each circuit and 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.

RULES OF THE SUPREME COURT OF VIRGINIA
PART ONE
RULES APPLICABLE TO ALL PROCEEDINGS

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.

RULES OF THE SUPREME COURT OF VIRGINIA
PART ONE
RULES APPLICABLE TO ALL PROCEEDINGS

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.
(c) System Operational Standards. In addition to the obligations and procedures set
forth in subdivision (d) of this Rule, electronic filing systems under this Rule must meet
these requirements:
(1) Electronic documents must be stored without loss of content or material
alteration of appearance.
(2) Files capable of carrying viruses into court computers must be scanned for
viruses prior to being written to disk in the clerk's office.

(3) The electronic filing system must be capable of securing the document upon
receipt so that it is protected from alteration.
(4) The electronic filing system must be capable of establishing the identity of a
sender of a document by means of a registered user identity and password, or by digitally
encrypted electronic signatures, or by any other means reasonably calculated to ensure
identification to a high degree of certainty.
(5) Remote electronic access to documents submitted in an electronically filed case
and stored electronically will be limited to judges, court personnel, any persons assisting
such persons in the administration of the electronic filing system, 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.

RULES OF THE SUPREME COURT OF VIRGINIA
PART ONE
RULES APPLICABLE TO ALL PROCEEDINGS

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.
(c) With the exception of domestic relations and eminent domain cases, a court may
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.

RULES OF SUPREME COURT OF VIRGINIA
PART ONE
RULES APPLICABLE TO ALL PROCEEDINGS

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;
(c) the possibility of obtaining stipulations of fact, including, but not
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.

RULES OF SUPREME COURT OF VIRGINIA
PART ONE
RULES APPLICABLE TO ALL PROCEEDINGS
Rule 1:20. Scheduling Civil Cases for Trial.
The circuit courts of the Commonwealth must adopt one or a combination of the
following procedures for scheduling civil cases for trial.
(a) Counsel of record may agree to a trial date and may secure approval of the court
by telephone call or other electronic communication to the designated court official.
(b) Counsel of record may agree to a trial date as a part of a written plan prepared
and submitted to the court for approval pursuant to Rule 1:18.
(c) The court may, at the request of counsel of record, or may in its own discretion,
direct counsel of record to appear, in person or by telephone, for a conference to set a
trial date and consider other matters set forth in Rule 1:19 or Rule 4:13.
(d) The court may set civil cases for trial at a docket call held on a day as provided
by § 17.1-517.
(e) Following the submission of a praecipe, the court may set civil cases for trial at a
docket call held on a day as provided by § 17.1-517.
The Executive Secretary must make accessible these procedures on the Internet.
The clerk of each district and circuit court must make their respective procedures
available in the office of the clerk of that court.

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 1:21. 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.

RULES OF SUPREME COURT OF VIRGINIA
PART ONE
RULES APPLICABLE TO ALL PROCEEDINGS

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.

RULES OF THE SUPREME COURT OF VIRGINIA
PART ONE
RULES APPLICABLE TO ALL PROCEEDINGS

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.

RULES OF THE SUPREME COURT OF VIRGINIA
PART ONE
RULES APPLICABLE TO ALL PROCEEDINGS

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.
(c) Notice of payment alternatives. — The court must give the defendant written notice of
deferred, modified deferred, and installment payment agreements and, if a community service

program has been established, the availability of earning credit toward discharge of fines and
costs through the performance of community service work.
(d) Conditions of a payment agreement. — All the fines and costs that a defendant owes for
all cases in any single court may be incorporated into one payment agreement, unless otherwise
ordered by the court in specific cases. A payment agreement 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.

RULES OF THE SUPREME COURT OF VIRGINIA
PART ONE
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.
(c) Authorization Process. — A circuit or district court which intends to establish one or
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.
(c) Any oath administered to a party or witness testifying by means of audiovisual technology
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
v.

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.
(c) Board Review — Upon receipt of a completed application, the Board will determine

in accordance with the regulations issued by the Supreme Court of Virginia whether the
applicant has established by satisfactory evidence that he or she:
(1) Is a proper person to practice law; and
(2) Pursuant to Code § 54.1-3931, has been admitted to practice law before the court of
last resort of any state or territory of the United States or 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:
i.
ii.
iii.
iv.
v.
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.
x.

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.
(c) Entry of Order. The order granting or denying the motion to associate counsel
pro hac vice must be entered by the tribunal promptly and a copy of the order must be
forwarded to the Clerk of the Supreme Court. An out-of-state lawyer may make no
appearance in a case until the tribunal where the case is pending enters the order granting
the motion to associate counsel pro hac vice unless temporary admission has been
approved pursuant to this rule. The order granting pro hac vice status is valid until the
case is concluded in the courts of this Commonwealth or a court revokes the pro hac vice
admission.
4. Notarized Application. The notarized application required by this rule must be on
a form approved by the Supreme Court of Virginia and available at the office of the clerk
of the tribunal where the case is pending.
5. Discretion and Limitation on Number of Matters. The grant or denial of a motion
pursuant to this rule by the tribunal is discretionary. The tribunal should deny the motion
if the out-of-state lawyer has been previously admitted pro hac vice before any tribunal or
tribunals in Virginia in twelve (12) cases within the last twelve (12) months preceding the
date of the current application. In the enforcement of this limitation, the tribunal may
consider whether the pending case is a related or consolidated matter for which the 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.
(c) An out-of-state lawyer may

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/court_rules%3Ava%3A23e6b3954b974466. Public record. Not legal advice.