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Rule 1:12.Service of Papers after the Initial Process.

Part One: General Rules Applicable to All Proceedings · Last amended 2021 · Last verified July 16, 2026

In one sentenceRule 1:12 requires pleadings, motions, and other papers filed after the initial process to be served on every counsel of record by the day of filing, using delivery, commercial same or next-day service, fax, email, or mail, and it sets when that service becomes effective and what proof of service must show.

Full Text of Rule 1:12

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All pleadings, motions and other papers served after the initial process in an action and not required to be served otherwise and requests for subpoenas duces tecum must be served by delivering, dispatching by commercial delivery service for same-day or next- day delivery, transmitting by facsimile, transmitting by electronic mail when Rule 1:17 so provides or when consented to in writing signed by the person to be served, or by mailing, a copy to each counsel of record on or before the day of filing.
Subject to the provisions of Rule 1:17, service pursuant to this Rule is effective upon such delivery, dispatch, transmission or mailing. Service by electronic mail under this Rule is not effective if the party making service learns that the attempted service did not reach the person to be served.
At the foot of such pleadings and requests must be appended either acceptance of service or a certificate of counsel that copies were served as this Rule requires, showing the date of delivery and method of service, dispatching, transmitting, or mailing. When service is made by electronic mail, a certificate of counsel that the document was served by electronic mail must be served by mail or transmitted by facsimile to each counsel of record on or before the day of service.

Plain-English Summary

Rule 1:12 governs how papers get served once a case is already underway — after the initial process that starts the case. Every pleading, motion, or other paper filed after that point, along with requests for subpoenas duces tecum, must be served on each counsel of record on or before the day of filing. The rule lists the permitted methods: hand delivery, dispatch by a commercial same-day or next-day delivery service, fax, email (when Rule 1:17 authorizes it or the recipient has consented in writing), or mail.

Service takes effect, subject to Rule 1:17, at the moment of delivery, dispatch, transmission, or mailing. Email service is the exception: it is not effective if the party making service learns that the attempted service never reached the intended recipient.

The rule also requires proof. At the foot of the pleading or request, counsel must append either an acceptance of service or a certificate stating that copies were served as the rule requires, showing the date and method of service. If service was made by email, that certificate must also be served — by mail or fax — on each counsel of record by the day of service.

Frequently Asked Questions

By when must I serve a motion I am filing after the case has started?

On or before the day you file it, on each counsel of record, using one of the methods Rule 1:12 allows — delivery, commercial same or next-day service, fax, email where permitted, or mail.

When does service by email become effective?

At the moment of transmission, subject to Rule 1:17 — unless the party making service learns that the email never reached the person being served, in which case the service is not effective.

Can I email a paper to opposing counsel instead of mailing it?

Yes, when Rule 1:17 authorizes email service or the recipient has consented to it in writing, as Rule 1:12 requires.

What proof of service does a Virginia pleading need?

An acceptance of service, or a certificate of counsel stating that copies were served as the rule requires and showing the date and method of service, must be appended at the foot of the pleading or request.

Do I need to do anything extra if I served a paper by email?

Yes. A certificate that the document was served by email must itself be served by mail or fax on each counsel of record by the day of service.

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
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