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§ 8.01-274.1.Motion or petition for rule to show cause for violation of court order.

Chapter 7. Civil Actions; Commencement, Pleadings, and Motions · Article 2. Pleadings Generally · Last amended 2018 · Last verified July 16, 2026

In one sentenceSection 8.01-274.1 requires a party seeking a rule to show cause for violating a court order in a civil action to file a sworn motion or petition identifying the specific violation with particularity, and directs that any rule the court issues be served on the alleged violator along with that motion or petition and any supporting affidavit.

Full Text of § 8.01-274.1

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Except as otherwise provided by law, any party requesting a rule to show cause for a violation of a court order in any civil action in a court of record shall file with the court a motion or petition, which may be on a form prescribed by the Office of the Executive Secretary of the Supreme Court of Virginia. The motion or petition shall include facts identifying with particularity the violation of a specific court order and be sworn to or accompanied by an affidavit setting forth such facts. A rule to show cause entered by the court shall be served on the person alleged to have violated the court order, along with the accompanying motion or petition and any affidavit filed with such motion or petition.

Plain-English Summary

A rule to show cause is how a Virginia court enforces its own prior orders — it commands someone to appear and explain why they should not be held in violation. Section 8.01-274.1 sets the minimum paperwork for asking a court to issue one in a civil action in a court of record. The requesting party must file a motion or petition, which may use a form the Office of the Executive Secretary of the Supreme Court of Virginia prescribes.

That filing cannot be vague. It has to include facts identifying, with particularity, the violation of a specific court order, and it must be sworn to or accompanied by an affidavit setting out those facts, a bare accusation is not enough. Once the court enters the rule to show cause, it must be served on the person accused of violating the order, along with the motion or petition itself and any affidavit that was filed with it, so the alleged violator knows exactly what is being claimed before having to answer for it.

Frequently Asked Questions

What must a party file to request a rule to show cause for violating a Virginia court order?

A motion or petition, which may be on a form prescribed by the Office of the Executive Secretary of the Supreme Court of Virginia.

How specific must the motion or petition be about the alleged violation?

It must include facts identifying with particularity the violation of a specific court order.

Does the motion or petition need to be sworn?

Yes. It must be sworn to or accompanied by an affidavit setting forth the facts supporting the alleged violation.

What must be served on the person accused of violating the court order?

The rule to show cause entered by the court, along with the accompanying motion or petition and any affidavit filed with it.

Does § 8.01-274.1 apply outside civil actions in a court of record?

The section applies to civil actions in a court of record, except as otherwise provided by law.

Amendment History

2018, c. 522.

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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