(a)Copies for Service. Except in cases where service is waived pursuant to Code ยง 8.01- 286.1, the plaintiff must furnish the clerk when the complaint is filed with as many paper copies thereof as there are defendants upon whom it is to be served. In an Electronically Filed Case, the plaintiff must file the complaint electronically and furnish paper copies to the clerk as provided in this Rule.(b)Exhibits. It is not required that physical copies of exhibits filed with the complaint be furnished or served. Unless an individual case is exempted by order of the court for good cause shown, an electronic or digitally imaged copy of all exhibits that are incorporated by reference in the pleading must be filed with the complaint. Upon the adoption of standards for the preparation of electronic or digital records for use in appeals, exhibits under this Rule must comply with such standards.(c)Additional copies. A deficiency in the number of copies of the complaint will not affect the pendency of the action.
(1) If the plaintiff fails to furnish the required number of copies, the clerk may request that additional copies be furnished by the plaintiff as needed, and if the plaintiff fails to do so promptly, the clerk may bring the fact to the attention of the judge, who will notify the plaintiff’s counsel, or the plaintiff personally if no counsel has appeared for plaintiff, to furnish them by a specified date. If the required copies are not furnished on or before that date, the court may enter an order dismissing the suit.(2) Additionally, in an Electronically Filed Case, if the clerk has been provided by the plaintiff with a credit or payment account through which to obtain payment of fees for duplication of required copies of filings, the clerk must promptly prepare additional copies of the pleading as needed, and process payment through such credit or payment account; or, if processing by the clerk of the proper payment for duplication of additional copies of the pleading through a credit or payment account authorized by the filing party is not feasible, the clerk may proceed as provided in subpart (c)(1) of this Rule.
Va. Sup. Ct. 3:4
Amended by order dated June 14, 2005; effective January 1, 2006; amended by order dated February 28, 2006; effective May 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.