(a) Signature Compliance and Defects. — If a pleading, motion, or other paper is not signed in compliance with Code § 8.01-271.1(A), it is defective. Such a defect renders the pleading, motion, or other paper voidable.
Rule 1:5A.Signature Defects.
Part One: General Rules Applicable to All Proceedings · Last amended 2022 · Last verified July 16, 2026
In one sentenceRule 1:5A governs what happens when a pleading, motion, or other paper is not signed as Code § 8.01-271.1 requires: the defect makes the filing voidable, must be raised before the trial or appellate court loses jurisdiction or the challenge is waived, and must be cured within twenty-one days or the filing is stricken.
Full Text of Rule 1:5A
(b) Raising Signature Defects; Waiver. — (1) Pursuant to paragraphs (E) and (F) of Code § 8.01-271.1, the issue of a signature
defect must be raised in the trial court unless the signature defect occurs in an appellate filing. Signature defects in appellate filings, including the notice of appeal, must be raised in the appellate court where the appeal is taken.
(2) Failure to raise the issue of a signature defect in a pleading, motion or other paper, other than the notice of appeal, before the trial court’s jurisdiction expires pursuant to Rule 1:1(a) and Rule 1:1B, waives any challenge based on such defect. Failure to raise the issue of a signature defect in appellate documents, including the notice of appeal, in the appellate court waives any challenge based on such defect.
(c) Curing Signature Defects; Failure to Cure. — (1) A signature defect must be cured within 21 days after it is brought to the attention o f
the pleader or movant, as required under Code § 8.01-271.1(G). If a signature defect is timely and properly cured, the pleading, motion, or other paper is deemed valid and relates back to the date it was originally served or filed.
(2) If a signature defect is not timely and properly cured after it is brought to the attention of the pleader or movant, the pleading, motion, or other pap er is invalid and must be stricken.
(d) Costs and Fees. — The court, upon motion or upon its own initiative, may require the person who signed the paper, the party represented by that person, or both, to reimburse any additional costs and fees, including reasonable attorney fees, incurred by other parties solely as a result of the signature defect.
(e) Statute of Limitations. — If a complaint is filed to commence a civil action under Rule 3:2(a) within the prescribed limitation period and is dismissed due to the failure to timely and properly cure a signature defect, the provisions of Code § 8.01 -229(E)(1) govern the calculation of the limitation period. The time such action was pending will not be computed as part of the period within which such action may be brought, and another action may be brought within the remaining period.
Plain-English Summary
Rule 1:5A deals with what follows when a pleading, motion, or other paper is not signed in compliance with Code § 8.01-271.1(A). The defect makes the filing voidable, not automatically void, and the rule builds a structured process around raising, curing, and penalizing that kind of defect.
A party must raise a signature defect in the trial court before the court’s jurisdiction expires under Rule 1:1(a) and Rule 1:1B, unless the defect occurs in an appellate filing — including the notice of appeal itself — in which case it must be raised in the appellate court where the appeal is pending. Missing that window waives any challenge based on the defect. Once a signature defect is brought to the pleader’s or movant’s attention, the party has twenty-one days to cure it under Code § 8.01-271.1(G); a timely cure makes the filing valid and relates back to the date it was originally served or filed, while a defect that is not timely cured leaves the filing invalid and subject to being stricken.
The court may, on motion or on its own, order the person who signed the defective paper, the party that person represents, or both, to reimburse the added costs and fees — including reasonable attorney fees — that the defect caused other parties. And if a complaint filed within the statute of limitations is dismissed because a signature defect was not timely cured, Code § 8.01-229(E)(1) governs how the limitations period is calculated: the time the action was pending does not count against the remaining period, and a new action may be brought within whatever time remains.
Frequently Asked Questions
What happens if a pleading is not signed correctly under Virginia law?
Rule 1:5A(a) makes the pleading, motion, or other paper voidable, not automatically invalid. The defect has to be raised and, if not cured, can lead to the filing being stricken.
How long do I have to fix a signature defect once someone points it out?
Twenty-one days from when the defect is brought to the pleader’s or movant’s attention. A timely, proper cure makes the filing valid and relates back to when it was originally served or filed; failing to cure it in time leaves the filing invalid and it must be stricken.
Where do I raise a signature defect in a notice of appeal?
In the appellate court where the appeal is taken. Rule 1:5A(b) treats defects in appellate filings, including the notice of appeal, differently from defects in trial court filings, which must be raised in the trial court.
Can I lose the right to challenge a signature defect?
Can a court make someone pay for the costs a signature defect caused?
Yes. Rule 1:5A(d) lets the court, on motion or its own initiative, require the signer, the represented party, or both to reimburse the added costs and fees — including reasonable attorney fees — that other parties incurred solely because of the defect.
Amendment History
Promulgated by Order dated September 24, 2020; effective November 23, 2020. Last amended by Order dated June 13, 2022; effective August 12, 2022.
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: signature defect Virginia pleadingunsigned pleading Virginiacuring signature defect VirginiaRule 1:5A Virginia8.01-271.1 signature requirement