Any digital or electronic pleading, motion, notice, brief, exhibit or other material (“electronic document”) made part of any court record is a public record unless sealed by court order or otherwise provided by law. The party filing, offering, or seeking the admission of an electronic document must ensure that the document is (i) readily accessible in an unencrypted, non-proprietary, and open- source format or (ii) accompanied by the computer software necessary to view the document if it is encrypted or stored in a proprietary file format.
Rule 1:26.File Format Requirements for Pleadings, Motions, Notices, Briefs and Exhibits Sought to be Filed or Admitted in Electronic or Digital Form.
Part One: General Rules Applicable to All Proceedings · Last amended 2023 · Last verified July 16, 2026
In one sentenceRule 1:26 requires any electronic or digital pleading, motion, notice, brief, or exhibit made part of a court record to be accessible in an unencrypted, non-proprietary, open-source format, or, if it is encrypted or proprietary, to be filed along with the software needed to view it.
Full Text of Rule 1:26
Plain-English Summary
Rule 1:26 sets an accessibility standard for digital court filings. Any digital or electronic pleading, motion, notice, brief, exhibit, or other material made part of a court record is a public record, unless a court order seals it or the law otherwise provides.
The party filing or offering the electronic document into evidence must make sure it is readily accessible in an unencrypted, non-proprietary, open-source format — or, if the document is encrypted or stored in a proprietary format, that it comes with the software needed to view it.
Frequently Asked Questions
Are electronic court filings in Virginia treated as public records?
Yes, unless a court order seals the document or the law otherwise provides. Rule 1:26 treats any electronic document made part of a court record as a public record.
Can I file a document in a proprietary or encrypted file format?
Yes, but Rule 1:26 requires you to also provide the software necessary to view the document if it is encrypted or stored in a proprietary format.
What format should an electronic exhibit be in to comply with Rule 1:26?
An unencrypted, non-proprietary, open-source format that is readily accessible, unless the party accompanies a proprietary or encrypted document with the viewing software it requires.
Does Rule 1:26 apply to exhibits, or only to pleadings and briefs?
It applies broadly — to any digital or electronic pleading, motion, notice, brief, exhibit, or other material made part of the court record.
Who is responsible for making sure an electronic filing is accessible?
The party filing, offering, or seeking admission of the electronic document, under Rule 1:26.
Amendment History
Promulgated by Order dated February 15, 2019; effective May 1, 2019. Last amended by Order dated November 10, 2022; effective January 9, 2023.
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: electronic exhibit format Virginia courtproprietary file format court filing VirginiaRule 1:26 Virginiapublic record electronic document Virginiaopen source format court filing