(a) Copies for Service. — Except in cases where service is waived pursuant to Code § 8.01-286.1, the plaintiff must furnish the clerk when the complaint is filed with as many paper copies thereof as there are defendants upon whom it is to be served. In an Electronically Filed Case, the plaintiff must file the complaint electronically and furnish paper copies to the clerk as provided in this Rule.
Rule 3:4.Copies of Complaint.
Part Three: Practice and Procedures in Civil Actions · Last amended 2021 · Last verified July 16, 2026
In one sentenceRequires a plaintiff to furnish the clerk with a paper copy of the complaint for each defendant to be served, sets the electronic-exhibit filing requirement, and describes what happens — including possible dismissal — when the plaintiff doesn’t supply enough copies.
Full Text of Rule 3:4
(b) Exhibits. — It is not required that physical copies of exhibits filed with the complaint be furnished or served. Unless an individual case is exempted by order of the court for good cause shown, an electronic or digitally imaged copy of all exhibits that are incorporated by reference in the pleading must be filed with the complaint. Upon the adoption of standards for the preparation of electronic or digital records for use in appeals, exhibits under this Rule must comply with such standards.
(c) Additional copies. — A deficiency in the number of copies of the complaint will not affect the pendency of the action.
(1) If the plaintiff fails to furnish the required number of copies, the clerk may request that additional copies be furnished by the plaintiff as needed, and if the plaintiff fails to do so promptly, the clerk may bring the fact to the attention of the judge, who will notify the plaintiff's counsel, or the plaintiff personally if no counsel has appeared for plaintiff, to furnish them by a specified date. If the required copies are not furnished on or before that date, the court may enter an order dismissing the suit.
(2) Additionally, in an Electronically Filed Case, if the clerk has been provided by the plaintiff with a credit or payment account through which to obtain payment of fees for duplication of required copies of filings, the clerk must promptly prepare additional copies of the pleading as needed, and process payment through such credit or payment account; or, if processing by the clerk of the proper payment for duplication of additional copies of the pleading through a credit or payment account authorized by the filing party is not feasible, the clerk may proceed as provided in subpart (c)(1) of this Rule.
Plain-English Summary
When a plaintiff files a complaint, the clerk needs enough copies to hand out for service — one for each defendant, unless service has been waived under Code § 8.01-286.1. In an Electronically Filed Case, the plaintiff files the complaint electronically and still furnishes the clerk with the paper copies this rule requires.
Exhibits work differently. Nobody has to furnish or serve physical copies of exhibits attached to the complaint. Instead, unless a court exempts an individual case for good cause, the plaintiff must file an electronic or digitally imaged copy of any exhibit the pleading incorporates by reference, and once standards for preparing those electronic records for appeals are adopted, exhibits filed under this rule have to meet them.
Falling short on the copy count doesn’t kill the case, but it does trigger a process. If the plaintiff doesn’t furnish enough copies, the clerk can ask for more; if the plaintiff still doesn’t provide them promptly, the clerk brings it to the judge’s attention, and the judge sets a deadline for plaintiff’s counsel — or the plaintiff personally, if unrepresented — to furnish the copies. Missing that deadline can lead to dismissal of the suit. In an Electronically Filed Case, there’s a smoother path: if the plaintiff has given the clerk a credit or payment account, the clerk can prepare the needed copies and charge that account directly; if that’s not workable, the clerk falls back to the notice-and-deadline process described above.
Frequently Asked Questions
How many copies of the complaint does a plaintiff have to give the clerk?
Enough paper copies for each defendant to be served, unless service has been waived under Code § 8.01-286.1. In an Electronically Filed Case, the plaintiff files the complaint electronically and still provides paper copies as this rule requires.
Do I need to file physical copies of exhibits with the complaint?
No. Physical copies of exhibits aren’t required. Instead, an electronic or digitally imaged copy of any exhibit incorporated by reference in the pleading must be filed, unless the court exempts the case for good cause.
What happens if the plaintiff doesn’t provide enough copies of the complaint?
The clerk may request additional copies. If the plaintiff still doesn’t provide them, the clerk notifies the judge, who sets a deadline for the plaintiff to furnish them. Failing to meet that deadline can result in the court dismissing the suit.
Does a shortage of complaint copies affect whether the case is pending?
No. A deficiency in the number of copies doesn’t affect the pendency of the action — it only triggers the notice-and-deadline process for supplying more.
How are extra copies handled in an Electronically Filed Case?
If the plaintiff has set up a credit or payment account with the clerk, the clerk can prepare additional copies as needed and charge that account. If that isn’t feasible, the clerk proceeds under the general notice-and-deadline process instead.
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
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