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§ 8.01-271.1.Signing of pleadings, motions, and other papers; oral motions; sanctions.

Chapter 7. Civil Actions; Commencement, Pleadings, and Motions · Article 2. Pleadings Generally · Last amended 2026 · Last verified July 16, 2026

In one sentenceSection 8.01-271.1 requires an attorney or, if unrepresented, the party to sign every pleading, motion, or paper, makes that signature a certification that the filing is well grounded and not filed for an improper purpose, and directs sanctions for violations while letting a timely cured signature defect relate back to the original filing date.

Full Text of § 8.01-271.1

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A. Except as otherwise provided in §§ 16.1-260 and 63.2-1901, every pleading, motion, or other paper of a party represented by an attorney shall be signed by at least one attorney of record who is an active member in good standing of the Virginia State Bar with his individual name, and the attorney's mailing address shall be stated on the first pleading filed by that attorney in the action. In any action in a court of record, the first pleading shall also contain the attorney's Virginia State Bar number, email address, and telephone number. A party who is not represented by an attorney, including a person confined in a state or local correctional facility proceeding pro se, shall sign his pleading, motion, or other paper and state his mailing address. In any action in a court of record, the first pleading shall also contain the email address and, if available, the telephone number of the party who is not represented by an attorney. The signature of a person other than counsel of record who is an active member in good standing of the Virginia State Bar or a pro se litigant is not a valid signature. A minor who is not represented by an attorney shall sign his pleading, motion, or other paper by his next friend. Either or both parents of such minor may sign on behalf of such minor as his next friend. However, a parent may not sign on behalf of a minor if such signature is otherwise prohibited by subdivision 6 of § 64.2-716. The signature required by this section may be an electronic signature as defined in § 59.1-480 or a digital image of a signature. If a pleading, motion, or other paper is not signed in compliance with this paragraph, it is defective. Such a defect renders the pleading, motion, or other paper voidable.
B. The signature of an attorney or party constitutes a certificate by him that (i) he has read the pleading, motion, or other paper, (ii) to the best of his knowledge, information and belief, formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and (iii) it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
C. An oral motion made by an attorney or party in any court of the Commonwealth constitutes a representation by him that (i) to the best of his knowledge, information and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law, and (ii) it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
D. If a pleading, motion, or other paper is signed or made in violation of this section, the court, upon motion or upon its own initiative, shall impose upon the person who signed the paper or made the motion, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper or making of the motion, including reasonable attorney fees.
E. Failure to raise the issue of a signature defect in a pleading, motion, or other paper before the trial court's jurisdiction expires pursuant to Rule 1:1 (a) and Rule 1:1B waives any challenge to that pleading, motion, or other paper based on such a defect.
F. Signature defects in appellate filings, including the notice of appeal, shall be raised in the appellate court where the appeal is taken. Failure to timely raise the issue of a defective signature in an appellate pleading, motion, or other paper while the case is pending before the appellate court waives any challenge to that pleading, motion, or other paper based on such a defect.
G. If a signature defect is not timely and properly cured after it is brought to the attention of the pleader or movant, the pleading, motion, or other paper is invalid and shall be stricken. A signature defect shall be cured within 21 days after it is brought to the attention of the pleader or movant. If a signature defect is timely and properly cured, the pleading, motion, or other paper shall be valid and relate back to the date it was originally served or filed.

Plain-English Summary

Section 8.01-271.1 sets the ground rules for who signs a pleading, motion, or other paper in a Virginia civil case, and what that signature means. If a party is represented, at least one attorney of record, an active member in good standing of the Virginia State Bar, must sign in his own name, and the first pleading that attorney files must state his mailing address, and, in a court of record, his Bar number, email address, and phone number. An unrepresented party, including a pro se litigant confined in a correctional facility, signs and states a mailing address personally; a minor without an attorney signs through a next friend, typically a parent, subject to the limits in § 64.2-716(6). Electronic signatures and digital signature images both count. A defect in signing does not void the filing outright — it makes the pleading voidable.

Subsection B explains what a signature certifies: that the signer read the pleading, that it is, to the best of the signer’s knowledge after reasonable inquiry, well grounded in fact and warranted by existing law or a good-faith argument to change it, and that it was not filed to harass, delay, or run up litigation costs. Subsection C extends the same certification to oral motions made in court.

Subsection D backs that certification with teeth: on motion or on its own initiative, the court shall impose an appropriate sanction on a person who signs or moves in violation of the section, which can include ordering payment of the other side’s reasonable expenses and attorney fees caused by the improper filing or motion.

Subsections E through G handle the mechanics of raising and curing a signature defect. A challenge to a trial-court pleading’s signature must be raised before the court’s jurisdiction expires under Rule 1:1(a) or Rule 1:1B, or it is waived; a challenge to an appellate filing, including a notice of appeal, must be raised in the appellate court while the case is pending there, or it too is waived. A defect brought to the pleader’s or movant’s attention must be cured within 21 days, or the pleading, motion, or paper is invalid and gets stricken, but a timely, properly cured defect makes the filing valid and relates back to the date it was originally served or filed.

Frequently Asked Questions

Who must sign a pleading filed by a party represented by an attorney in Virginia?

At least one attorney of record who is an active member in good standing of the Virginia State Bar, signing with his individual name.

What information must appear on the first pleading filed in a Virginia court of record?

The signing attorney’s mailing address, and, for actions in a court of record, the attorney’s Virginia State Bar number, email address, and telephone number, or, for an unrepresented party, the party’s mailing address and, in a court of record, email address and available telephone number.

What does an attorney’s or party’s signature on a pleading certify?

That the signer has read it, that to the best of his knowledge after reasonable inquiry it is well grounded in fact and warranted by existing law or a good-faith argument to change existing law, and that it is not filed for an improper purpose such as harassment or delay.

What can a Virginia court do if a pleading is signed in violation of this section?

Upon motion or on its own initiative, the court shall impose an appropriate sanction, which may include an order to pay the other party’s reasonable expenses, including attorney fees, caused by the filing.

What happens if a signature defect is timely and properly cured?

The pleading, motion, or other paper becomes valid and relates back to the date it was originally served or filed; a defect must be cured within 21 days after it is brought to the pleader’s or movant’s attention.

Amendment History

1987, cc. 259, 682; 1998, c. 596; 2008, cc. 136, 845; 2018, c. 59; 2020, cc. 74, 351; 2024, c. 20; 2026, c. 401.

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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