Rule 3A:25 – Special Rule Applicable to Post-Conviction Proceedings: Inmate Filings in the Trial Courts Under Code Section 8.01-654

May 14, 2021 | Criminal Procedure, Virginia

In actions brought under Code ยง 8.01-654, filed by an inmate confined to an insfitution, a paper is timely filed if deposited in the institution’s internal mail system on or before the last day for filing. Timely filing of a paper by an inmate confined to an institution may be established by (1) an official stamp of the institution showing that the paper was deposited in the internal mail system on or before the last day for filing, (2) an official postmark dated on or before the last day for filing, or (3) a notarized statement signed by an official of the institution showing that the paper was deposited in the internal mail system on or before the last day for filing.

Va. Sup. Ct. 3A:25

Adopted by Order dated June 25, 2004, effective September 1, 2004; amended by order July 2, 2019, effective September 1, 2019.