Rule 1:9.Discretion of Court.
Part One: General Rules Applicable to All Proceedings · Last amended 2021 · Last verified July 16, 2026
Full Text of Rule 1:9
Plain-English Summary
Rule 1:9 gives the trial court oversight of what happens in the clerk’s office. All the steps and procedures touching the filing of pleadings and the maturing of suits or actions are subject to the court’s review and correction, so the court is not bound by clerical missteps.
The rule also gives the court discretion to extend the time for filing pleadings, and that discretion reaches even deadlines that have already passed — the court can grant an extension after the fact. The one exception is the deadline for filing a motion challenging venue, which the court may extend only to the extent Code § 8.01-264 allows.
Frequently Asked Questions
Can a Virginia court fix a mistake made in the clerk’s office?
Yes. Rule 1:9 lets the court review and correct all steps and procedures in the clerk’s office touching the filing of pleadings and the maturing of suits or actions.
Can a court extend a pleading deadline that has already passed?
Yes. Rule 1:9 allows the court, in its discretion, to extend the time for filing pleadings even though the deadline has already expired.
Is there any deadline the court cannot extend after it expires?
Yes — the time for filing a motion challenging venue. Rule 1:9 says that deadline may not be extended except to the extent Code § 8.01-264 permits.
Does the court have broad discretion over clerk’s office filing procedures?
Yes. Rule 1:9 places the clerk’s office’s handling of pleadings and the maturing of suits squarely within the trial court’s supervisory authority.
What law governs extending the deadline to challenge venue?
Code § 8.01-264, which Rule 1:9 expressly points to as the limit on extending that particular deadline.
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021.