Whenever a party is required or permitted under these Rules, or by direction of the court, to do an act within a prescribed period of days after service of a paper upon counsel of record,
Rule 1:7.Computation of Response Dates.
Part One: General Rules Applicable to All Proceedings · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 1:7 explains how to count a deadline that runs a set number of days after service of a paper on counsel of record, adding no days for same-day delivery, fax, or email served by 5:00 p.m., one day for later same-day methods or next-day commercial delivery, and three days for service by mail.
Full Text of Rule 1:7
(a) No days will be added if the paper is served by: (1) manual delivery no later than 5:00 p.m. by counsel, counsel’s agent or courier, or a commercial delivery service making same-day delivery; (2) facsimile transmission completed no later than 5:00 p.m.; or (3) electronic mail transmitted no later than 5:00 p.m. (b) One day will be added to the prescribed time if the paper is served by: (1) placing the paper in the hands of a commercial delivery service before midnight for next-day delivery, or (2) completion of the following after 5:00 p.m. but before midnight: (A) manual delivery by counsel, counsel’s agent or courier, or a commercial delivery service making same-day delivery; (B) transmission by facsimile; or (C) transmission by electronic mail. (c) three days will be added to the prescribed time if the paper is served by mail. With respect to Parts Five and Five A of the Rules, this Rule applies only to the time for filing a brief in opposition.
Plain-English Summary
Rule 1:7 governs how to calculate a deadline that runs a certain number of days after a paper is served on counsel of record. The answer depends on how — and when — the paper was served. No days are added when a paper is delivered by hand, by counsel’s agent or a courier, or by a same-day commercial delivery service by 5:00 p.m.; transmitted by fax by 5:00 p.m.; or transmitted by email by 5:00 p.m.
One day is added when a paper is placed with a commercial delivery service before midnight for next-day delivery, or when hand delivery, fax transmission, or email transmission happens after 5:00 p.m. but before midnight. Three days are added when the paper is served by mail. For Parts Five and Five A of the Rules of Court, the rule applies only to the time for filing a brief in opposition.
Frequently Asked Questions
If opposing counsel emails me a paper at 4:30 p.m., does that add any days to my response deadline?
No. Rule 1:7(a) adds no days when a paper is transmitted by email no later than 5:00 p.m.
What if the paper is emailed to me at 9:00 p.m.?
One day is added. Rule 1:7(b) adds a day when email, fax, or hand delivery happens after 5:00 p.m. but before midnight.
How many extra days do I get if a paper is served by mail?
Three days. Rule 1:7(c) adds three days to the prescribed response time whenever service is made by mail.
Does Rule 1:7 apply to appellate briefing deadlines?
Only in a limited way. With respect to Parts Five and Five A of the Rules of Court, Rule 1:7 applies only to the time for filing a brief in opposition.
Does using a commercial delivery service for next-day delivery add time to my deadline?
Yes, one day, if the paper is placed with the commercial delivery service before midnight for next-day delivery rather than same-day delivery.
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: computing deadlines Virginia servicehow many days added for mail service VirginiaRule 1:7 Virginiaemail service deadline Virginia courtresponse time after service Virginia