If a statute requires a pleading to be sworn to, and it is not, or requires a pleading to be accompanied by an affidavit, and it is not, but contains all the allegations required, objection on either ground must be made within seven days after the pleading is filed by a motion to strike; otherwise the objection is waived. At any time before the court passes on the motion or within such time thereafter as the court may prescribe, the pleading may be sworn to or the affidavit filed. In an Electronically Filed Case, verification is subject to the provisions of Rule 1:17.
Rule 1:10.Verification.
Part One: General Rules Applicable to All Proceedings · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 1:10 requires an objection to a missing sworn verification or affidavit on an otherwise complete pleading to be raised within seven days by a motion to strike, or the objection is waived, while still allowing the pleading to be sworn or the affidavit filed before the court rules on the motion.
Full Text of Rule 1:10
Plain-English Summary
Rule 1:10 addresses what happens when a statute requires a pleading to be sworn to, or accompanied by an affidavit, but it is not — even though the pleading contains every allegation the statute requires. The objecting party must raise that defect within seven days after the pleading is filed, by a motion to strike, or the objection is waived.
The rule gives the filing party a chance to fix the problem: at any time before the court rules on the motion, or within whatever additional time the court sets afterward, the party may swear to the pleading or file the missing affidavit. In an Electronically Filed Case, verification follows the procedures set out in Rule 1:17.
Frequently Asked Questions
A statute required my opponent’s pleading to be sworn, and it was not — how do I object?
File a motion to strike within seven days after the pleading is filed. Rule 1:10 waives the objection if it is not raised within that window.
Can I fix a missing verification after someone objects to it?
Yes. Rule 1:10 lets the pleading be sworn to, or the missing affidavit filed, any time before the court rules on the motion to strike, or within whatever further time the court allows.
Does Rule 1:10 apply if the pleading is missing required factual allegations, not just a signature?
No. The rule applies only where the pleading already contains all the allegations a statute requires but lacks the required oath or affidavit.
How does electronic filing affect verification requirements?
In an Electronically Filed Case, verification is handled under the procedures set out in Rule 1:17 rather than by a physical signature or notarization on paper.
What happens if I miss the seven-day window to object to a missing verification?
The objection is waived. Rule 1:10 requires the motion to strike within seven days after the pleading is filed.
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as: unsworn pleading Virginia objectionmissing affidavit pleading VirginiaRule 1:10 Virginiaverification requirement Virginia civil casemotion to strike unverified pleading