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
Full Text of Rule 1:12
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.