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Rule 3:5 – The Summons

May 14, 2021 | Civil Procedure, Virginia

(a)Form of process. The process of the courts in civil actions is a summons in substantially this form:

Commonwealth of Virginia

In the……….Court of the……….of……………

SUMMONS

Civil Action No. . . .

The party upon whom this summons and the attached complaint are served is hereby notified that unless within 21 days after such service response is made by filing in the clerk’s office of this court a pleading in writing, in proper legal form, the allegations and charges may be taken as admitted and the court may enter an order, judgment or decree against such party either by default or after hearing evidence.

Appearance in person is not required by this summons.

Done in the name of the Commonwealth of Virginia, this…..day of…………………20….. …………………………….., Clerk.

(b)Affixing summons for service; voluntary appearance Upon the commencement of a civil action defendants may appear voluntarily and file responsive pleadings and may appear voluntarily and waive process, but in cases of divorce or annulment of marriage only in accordance with the provisions of the controlling statutes. With respect to defendants who do not appear voluntarily or file responsive pleadings or waive service of process, the clerk must issue summonses and securely attach one to and upon the front of each copy of the complaint to be served. The copies of the complaint, with a summons so attached, must be delivered by the clerk for service together as the plaintiff may direct.
(c)Defendant under a disability. Except when sued for divorce or annulment of marriage, or a judgment in personam is sought, a summons need not be issued for or served upon a defendant who is a person under a disability (except as otherwise provided in § 8.01-297 ), the procedure described in Code § 8.01-9 constituting due process as to such defendants.
(d)Additional summonses The clerk must on request issue additional summonses, dating them as of the day of issuance.
(e)Service more than one year after commencement of the action No order, judgment or decree will be entered against a defendant who was served with process more than one year after the institution of the action against that defendant unless the court finds as a fact that the plaintiff exercised due diligence to have timely service on that defendant.

Va. Sup. Ct. 3:5

Amended by order dated June 14, 2005, effective January 1, 2006; amended by order dated September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.