In any action in which any defendant is the Commonwealth or one of its officers, employees, or agents, upon the grant of in forma pauperis status or receipt of the filing fee and costs, the court shall serve the Office of the Attorney General with a copy of the motion for judgment and all necessary supporting papers. The Office of the Attorney General shall have no fewer than thirty days from receipt in which to file responsive pleadings. The prisoner's failure to state his claims in a written motion for judgment plainly stating facts sufficient to support his cause of action, accompanied by all necessary supporting documentation, may be grounds for dismissal of the action.
§ 8.01-694.Service of process; time for response.
Chapter 27. Virginia Prisoner Litigation Reform Act · Last amended 2009 · Last verified July 16, 2026
In one sentenceOnce a prisoner’s case against the Commonwealth or one of its officers, employees, or agents clears the fee or in forma pauperis stage, the court itself serves the Attorney General’s Office with the motion for judgment, which then has at least thirty days to respond, and a motion lacking plainly stated supporting facts risks dismissal.
Full Text of § 8.01-694
Plain-English Summary
Ordinarily a plaintiff bears the job of serving the defendant. This section flips that for suits naming the Commonwealth or one of its officers, employees, or agents: once the court has granted in forma pauperis status or received the filing fee and costs, the court itself serves the Office of the Attorney General with a copy of the motion for judgment and all necessary supporting papers.
The Attorney General’s Office then gets at least thirty days from receipt to file responsive pleadings — a longer window than the response time in a typical civil case, reflecting that state counsel often needs time to track down Department of Corrections records and coordinate a defense across many prisoner suits at once.
The section also builds in a pleading check. A prisoner’s motion for judgment has to plainly state facts sufficient to support his cause of action and come with the necessary supporting documentation. If it does not, that failure can itself be grounds for dismissal — a screen that operates independently of, and earlier than, the discovery and summary-judgment provisions found elsewhere in this chapter.
Frequently Asked Questions
Who gets served under this section, and when?
The Office of the Attorney General, once the court has granted in forma pauperis status or received the filing fee and costs, in any action where the Commonwealth or one of its officers, employees, or agents is a defendant.
Who is responsible for serving the Attorney General’s Office?
The court itself serves the Office of the Attorney General with a copy of the motion for judgment and all necessary supporting papers.
How long does the Attorney General’s Office have to respond?
No fewer than thirty days from receipt.
What can happen if a prisoner’s motion for judgment does not clearly state supporting facts?
That failure, particularly when it is not accompanied by necessary supporting documentation, may be grounds for dismissal of the action.
Does this section’s service and response procedure apply to every prisoner lawsuit?
No. It applies specifically when the Commonwealth or one of its officers, employees, or agents is named as a defendant.
Amendment History
2002, c. 871; 2009, c. 372.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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