(a)Filing Generally. The clerk must receive and file all pleadings when tendered, without order of the court. The clerk must note and attest the date of filing thereon. In an Electronically Filed Case, the procedures of Rule 1:17 apply to the notation by the clerk of the date of filing. Any controversy over whether a party who has filed a pleading has a right to file it will be decided by the court.(b)Electronic Filing. In any circuit court which has established an electronic filing system pursuant to Rule 1:17:
(1) Any civil action for which electronic filing is available in the circuit court may be designated as an Electronically Filed Case upon consent of all parties in the case. Such designation must be made promptly, complying with all filing and procedural requirements for making such designations as may be prescribed by such circuit court.(2) Except where service and/or filing of an original paper document is expressly required by these rules, all pleadings, motions, notices and other filings in an Electronically Filed Case must be formatted, served and filed as specified in the requirements and procedures of Rule 1:17; provided, however, that when any document listed below is filed in the case, the filing party must notify the clerk of court that the original document must be retained.
(i) Any pleading or affidavit required by statute or rule to be sworn, verified or certified as provided in Rule 1:17(d)(5).(ii) Any last will and testament or other testamentary document, whether or not it is holographic.(iii) Any contract or deed. (iv) Any prenuptial agreement or written settlement agreement, including any property settlement agreement.(v) Any check or other negotiable instrument.(vi) Any handwritten statement, waiver, or consent by a defendant or witness in a criminal proceeding.(vii) Any form signed by a defendant in a criminal proceeding, including any typed statements or a guilty plea form.(viii) Any document that cannot be converted into an electronic document in such a way as to produce a clear and readable image.(c)Return of writs. No writ may be returnable more than 90 days after its date unless a longer period is provided by statute.(d)Additional summonses. The clerk must on request issue additional summonses, dating them as of the day of issuance.
Va. Sup. Ct. 3:3
Amended by order dated June 14, 2005, effective January 1, 2006; amended by order dated March 1, 2011, effective May 2, 2011; amended by order dated November 1, 2012, effective January 1, 2013; amended by Order dated November 1, 2012; effective January 1, 2013; amended by order dated September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.
