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 a system meeting that rule's standards. In an electronically filed case, documents required to be served after initial process generally must be served by electronic transmission unless all parties agree otherwise or the court orders otherwise for good cause. Record the actual recipients and transmission; filing confirmation alone does not prove service.

Virginia E-Filing System: VJEFS serves participating circuit courts. If this case is electronically filed, identify the court's approved portal and the method used to transmit service to each recipient. Confirm any court-specific filing requirement with the clerk or controlling order.

Response-Date Computation — Rule 1:7: When a party must or may act under the Rules or court direction within a prescribed number of days after service on counsel of record, three days are added for mail service. One day is added for next-day commercial dispatch before midnight or manual, same-day commercial, fax, or email service completed after 5:00 p.m. and before midnight. Check the rule's scope and any controlling deadline.

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: Outside a Rule 1:17 electronically filed case, Rule 1:12 requires the email-service certificate to be mailed or faxed to each counsel of record on or before the day of service. In an electronically filed case, Rule 1:17(e)(6) permits an accompanying electronic certificate satisfying Rule 1:12.

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: Confirm the party's current address and approved service method. Rule 1:5 treats an unrepresented party who appears as counsel of record, and Rule 1:5(f)(3) requires service on both counsel and party during a limited-scope appearance.

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

Case No.: [________________________________]

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 through the court-approved e-filing system and separately transmitted for service to the recipients listed below as Rule 1:17 requires. The filing acknowledgment and service record are retained.

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

Parties/counsel served by electronic transmission:
Name: [________________________________] Email or portal destination: [________________________________] Sent: [________________]
Name: [________________________________] Email or portal destination: [________________________________] Sent: [________________]

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

Service by electronic transmission is effective under Rules 1:12 and 1:17; a known failed email transmission is ineffective. Check Rule 1:7 for any extra response day when service occurs after 5:00 p.m.

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.

MAIL SERVICE RESPONSE TIME: Rule 1:7(c) adds three days when its after-service response-period rule applies.

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: [__/__/____]
Basis for Email Service: ☐ Written consent 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 sent on or before the service date by: ☐ Mail ☐ Facsimile ☐ Accompanying electronic certificate under Rule 1:17(e)(6)

F. Facsimile Service (Va. Sup. Ct. R. 1:12)

☐ Service by Facsimile

Rule 1:12 permits facsimile transmission for service after initial process. Written consent is a condition for email service outside Rule 1:17, not for fax service.

Recipient and fax number verified with: [________________________________]
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
☐ Same-day or next-day commercial dispatch
☐ Facsimile
☐ VJEFS (confirmed registered user)
☐ Email (written consent on file)

Confirm the applicable Rule 1:12 method for an unrepresented party; mail, delivery, same-day or next-day commercial dispatch, and fax are listed methods. Email requires Rule 1:17 authorization or signed written consent. During a limited-scope appearance, serve both counsel and the party under Rule 1:5(f)(3).

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

Append this certificate at the foot of the served pleading or request when Rule 1:12 requires it, or obtain an acceptance of service. Record the date and method used for each recipient.

I, [________________________________], ☐ counsel of record for [________________________________] / ☐ self-represented party, hereby certify:

1. My role is ☐ counsel of record, Virginia State Bar No. [________________________________] / ☐ self-represented party (bar number not applicable).

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. (if counsel): [________________________________]

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. (if counsel) [________________________________], declare:

1. On [__/__/____], at approximately [____] ☐ a.m. ☐ p.m., I electronically filed the document(s) identified in Part II through the court-approved portal and transmitted service to the recipients listed below.

2. I transmitted electronic service to the following recipients and retained the service record:
   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. As of signing, I have not learned of a failed electronic-mail transmission to a listed recipient.

Signature: [________________________________]

Date: [__/__/____]

PART VIII — SUPPORTING RECORD OF DELIVERY BY NON-ATTORNEY

(Optional delivery record for counsel to review when another person performed service; counsel completes the Rule 1:12 certificate above.)

I, [________________________________], record the following facts about the service I performed:

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

2. 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.

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

I confirm that this record is accurate to the best of my knowledge.

Signature: [________________________________]

Printed Name: [________________________________]

PART IX — VIRGINIA SERVICE SUMMARY TABLE

Electronic filing: Confirm the assigned court's approved portal and keep the filing acknowledgment and separate service evidence.

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.
• Apply Va. Code § 8.01-420.8's reasonable-efforts redaction rule to covered identification numbers in filed civil documents, subject to a contrary statute for the proceeding.

SOURCES AND REFERENCES

• Rules of Supreme Court of Virginia
• Virginia Code Article 4.1 — Electronic Filing: Virginia Law
• Virginia Code § 8.01-420.8
• Virginia Judiciary eFiling System