Certificate of Service - Virginia

CERTIFICATE OF SERVICE

Commonwealth of Virginia

VIRGINIA SERVICE RULES — QUICK REFERENCE

Primary Authority: Rules of the Supreme Court of Virginia, particularly Rule 1:12 (Service of Papers After Initial Process) and Rule 1:17 (Electronic Filing and Service), govern service of papers after the initial process in Virginia circuit court civil proceedings.

Who Must Be Served (Va. Sup. Ct. R. 1:12): 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 a copy to each counsel of record or to a party not represented by counsel on or before the day of filing.

Authorized Methods of Service (Va. Sup. Ct. R. 1:12):

• Delivery — Delivering a copy in person to counsel or party
• Commercial delivery service — Dispatching by commercial delivery service for same-day or next-day delivery
• Facsimile — Transmitting by fax
• Electronic mail — When Rule 1:17 authorizes it, or when consented to in writing signed by the person to be served
• Mailing — Mailing a copy to each counsel of record; service is complete upon mailing

Virginia E-Filing — Rule 1:17: Rule 1:17 governs electronic filing in courts that have established an electronic filing system. It applies in civil cases in circuit court, criminal cases in circuit court, general district court proceedings, and juvenile and domestic relations district court proceedings. In courts operating under Rule 1:17, electronic filing constitutes electronic service on all registered participants.

Virginia E-Filing System (VJEFS): The Virginia Judiciary eFiling System (VJEFS), available through the Virginia Courts portal (https://www.vacourts.gov/online/vjefs/home), is the statewide electronic filing system. Many Virginia circuit courts require mandatory e-filing by attorneys. When a document is filed through VJEFS, the system automatically serves all registered participants electronically.

Mail Service — Three-Day Extension: When any period of time is prescribed after service of a paper, and service is by mail, three (3) days are added to the period. This extension applies to mailed service; it does not apply to electronic service through VJEFS or other electronic means.

Electronic Mail Service (Non-VJEFS): Email service requires written consent signed by the person to be served, or authorization under Rule 1:17 (when the court's e-filing system supports it). Confirm that consent is documented before relying on email service outside VJEFS.

Email-Certificate Follow-Up: When service is made by email under Rule 1:12, the certificate of counsel stating that email service occurred must itself be mailed or faxed to every counsel of record on or before the service day.

Facsimile Service: Rule 1:12 lists facsimile as an authorized method. Confirm the destination, transmission record, and any case-specific order or local procedure before using it.

Service on Unrepresented Parties: Service on self-represented parties should be made to the party directly, at their address on file with the court. If the self-represented party is not registered with VJEFS, traditional service methods (mail, personal delivery) must be used.

Service Effective Date (Va. Sup. Ct. R. 1:12): Service is effective upon delivery, dispatch by commercial service, transmission by fax or email, or mailing — subject to the provisions of Rule 1:17 for electronic service.

PART I — CASE CAPTION

IN THE CIRCUIT COURT OF THE [________________________________] OF [________________________________], VIRGINIA

[________________________________],
Plaintiff(s),

vs. Case No.: [________________________________]

[________________________________],
Defendant(s).

Presiding Judge: [________________________________]
Court Location: [________________________________]

PART II — IDENTIFICATION OF DOCUMENT(S) SERVED

Title(s) of Document(s) Served:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

(Attach additional sheet if necessary)

Total Pages Served (including all exhibits and attachments): [____]

Date of Service: [__/__/____]

PART III — PARTIES AND COUNSEL SERVED

Party/Counsel No. 1:

Name: [________________________________]
Law Firm/Organization: [________________________________]
Mailing Address: [________________________________]
City, State, Zip: [________________________________], VA [________]
Email Address: [________________________________]
Fax Number: [________________________________]
Virginia State Bar No.: [________________________________]
VJEFS Registered User: ☐ Yes ☐ No
Representing: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Other: [____________]
Self-Represented Party: ☐ Yes ☐ No

Party/Counsel No. 2:

Name: [________________________________]
Law Firm/Organization: [________________________________]
Mailing Address: [________________________________]
City, State, Zip: [________________________________], VA [________]
Email Address: [________________________________]
Fax Number: [________________________________]
Virginia State Bar No.: [________________________________]
VJEFS Registered User: ☐ Yes ☐ No
Representing: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Other: [____________]
Self-Represented Party: ☐ Yes ☐ No

Party/Counsel No. 3:

Name: [________________________________]
Law Firm/Organization: [________________________________]
Mailing Address: [________________________________]
City, State, Zip: [________________________________], VA [________]
Email Address: [________________________________]
Fax Number: [________________________________]
Virginia State Bar No.: [________________________________]
VJEFS Registered User: ☐ Yes ☐ No
Representing: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Other: [____________]
Self-Represented Party: ☐ Yes ☐ No

(Attach additional sheets for additional parties)

PART IV — METHOD OF SERVICE

Select all methods used. If different parties were served by different methods, note which method applies to which party.

A. Electronic Service via Virginia E-Filing System — VJEFS (Va. Sup. Ct. R. 1:17)

☐ Electronic Service via VJEFS (Virginia E-Filing System)

The document(s) was filed and served electronically through the Virginia Judiciary eFiling System (VJEFS) as authorized by Rule 1:17. Upon electronic filing, VJEFS automatically transmitted service notification to all registered participants in this case.

Date of Electronic Filing: [__/__/____]
Time of Filing: [____] ☐ a.m. ☐ p.m.
VJEFS Transaction/Confirmation Number: [________________________________]

Parties/counsel served via VJEFS (registered participants):
Name: [________________________________] Email: [________________________________]
Name: [________________________________] Email: [________________________________]

Parties/counsel NOT registered with VJEFS (served by alternative method — complete sections below):
Name: [________________________________] Alternative Method: [________________________________]
Name: [________________________________] Alternative Method: [________________________________]

Electronic service through VJEFS is complete upon electronic transmission. No mail extension days are added.

B. Service by United States Mail (Va. Sup. Ct. R. 1:12)

☐ First-Class U.S. Mail — Postage Prepaid

I placed the document(s) in sealed, properly addressed envelopes with first-class postage fully prepaid and deposited them in the United States mail.

IMPORTANT — MAIL SERVICE EXTENSION: When any period of time is prescribed after service of a paper by mail, three (3) additional days are added to the prescribed period. (See Va. Sup. Ct. R. 1:7(a) and applicable Virginia time rules.)

Date of Mailing: [__/__/____]
Post Office/Mailing Location: [________________________________], Virginia
City and State: [________________________________]

☐ Certified Mail — Return Receipt Requested
Certified Mail Article Number(s): [________________________________]
Return Receipt Received: ☐ Yes Date: [__/__/____] ☐ No/Pending

Parties/counsel served by mail:
Name: [________________________________] Address: [________________________________]
Name: [________________________________] Address: [________________________________]

C. Personal/Hand Delivery (Va. Sup. Ct. R. 1:12)

☐ Personal Delivery — Directly to Counsel or Party

A copy of the document(s) was personally delivered to counsel of record or to the party.

Delivered to: [________________________________]
Capacity: ☐ Counsel of Record ☐ Party ☐ Authorized Representative
Address of Delivery: [________________________________]
Date of Delivery: [__/__/____]
Time of Delivery: [____] ☐ a.m. ☐ p.m.
Delivered by: [________________________________]

D. Commercial Delivery Service (Va. Sup. Ct. R. 1:12)

☐ Dispatch by Commercial Delivery Service (Same-Day or Next-Day)

The document(s) was dispatched via commercial delivery service for same-day or next-day delivery as authorized under Rule 1:12.

Carrier Name: [________________________________]
Tracking Number: [________________________________]
Date of Dispatch: [__/__/____]
Delivery Address: [________________________________]
Service Level: ☐ Same-Day ☐ Next-Day ☐ Other: [____________]
Delivery Confirmed: ☐ Yes — Date: [__/__/____] ☐ Pending

E. Electronic Mail Service — Non-VJEFS (Va. Sup. Ct. R. 1:12; Written Consent Required)

☐ Service by Electronic Mail (Email — Outside VJEFS)

Email service outside of VJEFS requires written consent signed by the person to be served, or authorization under Rule 1:17.

Written consent obtained from: [________________________________]
Date Consent Obtained: [__/__/____]
Form of Consent: ☐ Written agreement signed by recipient ☐ Authorized by Rule 1:17 ☐ Other: [____________]

Email Address Used: [________________________________]
Date and Time of Email Transmission: [__/__/____] at [____] ☐ a.m. ☐ p.m.
No failed/undeliverable notification received: ☐ Confirmed

Certificate of counsel separately sent to each counsel of record on or before the service date by: ☐ Mail ☐ Facsimile

F. Facsimile Service (Va. Sup. Ct. R. 1:12; Consent or Court Authorization Required)

☐ Service by Facsimile

Fax service requires written consent or court authorization.

Written consent/authorization from: [________________________________]
Date of Consent: [__/__/____]
Fax Number Used: [________________________________]
Date and Time of Transmission: [__/__/____] at [____] ☐ a.m. ☐ p.m.
Number of Pages (including cover page): [____]
Fax Transmission Confirmed: ☐ Yes ☐ No

PART V — SELF-REPRESENTED PARTY SERVICE

(Complete if any party is self-represented/pro se)

☐ One or more parties in this action are self-represented (pro se).

Self-Represented Party Name: [________________________________]
Service Address on File with Court: [________________________________]
VJEFS Registered User: ☐ Yes ☐ No
Consented to Email Service: ☐ Yes (date of consent: [__/__/____]) ☐ No

Method of service on self-represented party:
☐ U.S. Mail — Address: [________________________________]
☐ Personal delivery
☐ VJEFS (confirmed registered user)
☐ Email (written consent on file)

Guidance: Service on a self-represented party who is not registered with VJEFS and has not consented in writing to email service must be made by mail or personal delivery under Va. Sup. Ct. R. 1:12.

PART VI — CERTIFICATE OF SERVICE (Va. Sup. Ct. R. 1:12)

I, [________________________________], counsel for [________________________________] in the above-captioned matter, hereby certify:

1. I am an attorney licensed to practice law in the Commonwealth of Virginia, Virginia State Bar No. [________________________________].

2. On [__/__/____], I served or caused to be served a true and correct copy of the document(s) identified in Part II upon all counsel of record and/or parties identified in Part III, by the method(s) specified in Part IV, on or before the day of filing.

3. All service was performed in compliance with the Rules of the Supreme Court of Virginia, including Rule 1:12.

Signature: [________________________________]

Printed Name: [________________________________]

Virginia State Bar No.: [________________________________]

Law Firm: [________________________________]

Address: [________________________________]

City, State, Zip: [________________________________], VA [________]

Phone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

PART VII — DECLARATION OF ELECTRONIC SERVICE (Va. Sup. Ct. R. 1:17)

(Complete if service was made through VJEFS)

I, [________________________________], Virginia State Bar No. [________________________________], declare:

1. On [__/__/____], at approximately [____] ☐ a.m. ☐ p.m., I electronically filed and served the document(s) identified in Part II through the Virginia Judiciary eFiling System (VJEFS).

2. VJEFS transmitted service notification to the following registered participants:
   Name: [________________________________] Email: [________________________________]
   Name: [________________________________] Email: [________________________________]

3. VJEFS Transaction/Confirmation Number: [________________________________]

4. The following parties/counsel are not registered with VJEFS and were served by alternative methods as described in Part IV:
   Name: [________________________________] Method: [________________________________]

5. No notification of failed or undeliverable electronic transmission was received.

Signature: [________________________________]

Date: [__/__/____]

PART VIII — AFFIDAVIT OF NON-ATTORNEY MAKING SERVICE

(Complete if service was performed by someone other than counsel of record)

COMMONWEALTH OF VIRGINIA
COUNTY/CITY OF [________________________________]

I, [________________________________], being duly sworn, state:

1. I am over the age of 18 years and am not a party to this action.

2. My address is: [________________________________], [________________________________], Virginia [________].

3. On [__/__/____], I served the documents identified in Part II upon the person(s) identified in Part III by the method(s) described in Part IV.

4. The date, time, method, and address of service are as stated in Part IV above.

I swear or affirm under penalty of perjury that the foregoing is true and correct.

Signature: [________________________________]

Printed Name: [________________________________]

Notarization (if required):

Sworn before me on [__/__/____].

Notary Public: [________________________________]

Commission Expires: [__/__/____]

PART IX — VIRGINIA SERVICE SUMMARY TABLE

Virginia VJEFS Portal: https://www.vacourts.gov/online/vjefs/home

• Mandatory e-filing by attorneys is now required in many Virginia circuit courts.
• VJEFS automatically serves all registered participants upon filing submission.
• Always retain VJEFS confirmation numbers and transaction records.

Local Practice Considerations:

• Fairfax County Circuit Court, Arlington Circuit Court, and other high-volume courts may have additional local practices regarding service and courtesy copies.
• Check with the specific circuit court clerk's office for current e-filing mandates and local administrative orders.
• Comply with Va. Code § 8.01-420.8 regarding redaction of personal identifying information (e.g., Social Security numbers, driver's license numbers, financial account numbers) in filed documents.

SOURCES AND REFERENCES

• Rules of Supreme Court of Virginia (Full PDF): Virginia Courts
• Virginia Code Article 4.1 — Electronic Filing: Virginia Law
• Virginia Courts E-Filing Information: Virginia Court System
• ServeNow — Virginia Process Serving Rules: ServeNow