Rule 3:2.Commencement of Civil Actions.
Part Three: Practice and Procedures in Civil Actions · Last amended 2021 · Last verified July 16, 2026
Full Text of Rule 3:2
Plain-English Summary
A Virginia civil action starts the moment a complaint is filed in the clerk’s office; a statute or established practice can instead call for a pleading styled “Petition.” Once that filing happens, the action is instituted and pending against every defendant named in it. Before the clerk will issue a summons, the plaintiff has to pay the statutory writ tax and the clerk’s fees.
The complaint has to carry a caption naming the court and giving the full style of the case, including every party. A plaintiff can satisfy Code § 8.01-290’s requirements by adding an address or similar identifying data after each defendant’s name.
On content, the rule keeps things simple. A complaint only needs to ask for the specific relief the plaintiff wants — everything else is assumed. Naming a defendant in the caption is enough to make that person a party required to answer, to request proper process against them, to waive sworn answers except where the law demands one, and to authorize any relief the law allows and the complaint asks for. No formal conclusion is required. The one firm content requirement applies to money claims: any complaint asking for money damages must include an ad damnum clause stating the dollar amount sought, and a plaintiff who later needs to change that figure can seek leave to amend it under Rule 1:8.
Frequently Asked Questions
How does a civil action begin in a Virginia circuit court?
By filing a complaint in the clerk’s office. When a statute or established practice requires it, the case may instead begin with a pleading styled “Petition.” The action becomes pending against all named defendants once it’s filed.
What has to be paid before the clerk will issue a summons?
The statutory writ tax and the clerk’s fees must be paid before the summons issues.
What must a complaint’s caption include?
The name of the court and the full style of the action, including the names of every party. An address or similar data placed after each defendant’s name can satisfy Code § 8.01-290.
Does a complaint need detailed legal arguments or a formal conclusion?
No. It’s enough to ask for the specific relief sought. The rule assumes the named defendants are required to answer, that process is requested, and that all relief the law allows may be granted — no formal conclusion is necessary.
Is an ad damnum clause required, and can it be changed later?
Yes, any complaint seeking money damages must state the amount sought in an ad damnum clause. A plaintiff who needs to revise that amount can seek leave to amend it under Rule 1:8.
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021.