Part Three: Practice and Procedures in Civil Actions · Last amended 2021 · Last verified July 16, 2026
In one sentencePrescribes the form of a Virginia summons, explains how it’s affixed to the complaint and delivered for service or waived through a voluntary appearance, addresses service on a defendant under a disability, and bars any judgment against a defendant served more than a year after the action began absent proof of due diligence.
(a)Form of process. — The process of the courts in civil actions is a summons in substantially this form:
Commonwealth of Virginia
In the .......... Court of the .......... of ...............
SUMMONS
Civil Action No. . . .
The party upon whom this summons and the attached complaint are served is hereby notified that unless within 21 days after such service response is made by filing in the clerk's office of this court a pleading in writing, in proper legal form, the allegations and charges may be taken as admitted and the court may enter an order, judgment or decree against such party either by default or after hearing evidence.
Appearance in person is not required by this summons.
Done in the name of the Commonwealth of Virginia, this ..... day of ..................... 20.....
..................................., Clerk.
(b)Affixing summons for service; voluntary appearance. — Upon the commencement of a civil action defendants may appear voluntarily and file responsive pleadings and may appear voluntarily and waive process, but in cases of divorce or annulment of marriage only in accordance with the provisions of the controlling statutes. With respect to defendants who do not appear voluntarily or file responsive pleadings or waive service of process, the clerk must issue summonses and securely attach one to and upon the front of each copy of the complaint to be served. The copies of the complaint, with a summons so attached, must be delivered by the clerk for service together as the plaintiff may direct.
(c)Defendant under a disability. — Except when sued for divorce or annulment of marriage, or a judgment in personam is sought, a summons need not be issued for or served upon a defendant who is a person under a disability (except as otherwise provided in § 8.01-297), the procedure described in Code § 8.01-9 constituting due process as to such defendants.
(d)Additional summonses. — The clerk must on request issue additional summonses, dating them as of the day of issuance.
(e)Service more than one year after commencement of the action. — No order, judgment or decree will be entered against a defendant who was served with process more than one year after the institution of the action against that defendant unless the court finds as a fact that the plaintiff exercised due diligence to have timely service on that defendant.
Plain-English Summary
Process in a Virginia civil action takes the form of a summons, and the rule spells out its substance: it identifies the court and the civil action number, notifies the party served that a written response must be filed within 21 days or the case may proceed to judgment by default or after a hearing, states that personal appearance isn’t required, and closes with the date and the clerk’s signature.
Defendants aren’t required to wait for that summons — they may appear voluntarily, file responsive pleadings, and waive process, except that divorce and annulment cases follow their own controlling statutes on that point. For defendants who don’t appear voluntarily, the clerk issues a summons and attaches it securely to the front of each copy of the complaint, then delivers the attached copies for service as the plaintiff directs.
A defendant who is a person under a disability is treated differently in most cases: except in divorce, annulment, or personal-judgment cases (and subject to Code § 8.01-297), no summons needs to be issued or served on that defendant, because the procedure in Code § 8.01-9 itself satisfies due process. Separately, the clerk must issue additional summonses on request, dated as of the day of issuance.
Timing matters even after service starts. No order, judgment, or decree can be entered against a defendant served with process more than a year after the action was instituted against that defendant, unless the court finds as fact that the plaintiff exercised due diligence in trying to achieve timely service.
Frequently Asked Questions
What does a Virginia summons have to say?
It identifies the court and the civil action, and it notifies the person served that unless a written response is filed within 21 days, the allegations may be taken as admitted and the court may enter judgment by default or after a hearing. It also states that personal appearance isn’t required and is dated and signed by the clerk.
Can a defendant skip being served and just show up in the case?
Yes. A defendant may appear voluntarily, file responsive pleadings, and waive process — except in divorce or annulment cases, which follow their own controlling statutes.
Does every defendant have to be formally served with a summons?
Not always. A defendant who is a person under a disability generally doesn’t need a summons issued or served, except in divorce, annulment, or in personam judgment cases, because the procedure under Code § 8.01-9 itself satisfies due process.
What happens if a defendant isn’t served until more than a year after the case started?
No order, judgment, or decree can be entered against that defendant unless the court finds as fact that the plaintiff exercised due diligence in trying to achieve timely service.
Can a party get more summonses issued after the case is underway?
Yes. The clerk must issue additional summonses on request, dating each one as of the day of issuance.
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:virginia summons requirements21 days to respond virginia lawsuitservice on defendant under disability virginiahow long to serve defendant virginiavoluntary appearance waive service virginia