Part Three: Practice and Procedures in Civil Actions · Last amended 2021 · Last verified July 16, 2026
In one sentenceRequires whoever serves a summons to file a return on a form styled “Proof of Service” identifying the case and showing when service and the attached complaint occurred, and sets the deadlines for making service and filing the return.
Full Text of Rule 3:6
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Returns must be made on a paper styled "Proof of Service" which must be substantially in this form:
Virginia:
In the .................. Court of the ............... of ............ :
....................)
v. (short style) ) Proof of Service
....................)
Returns must be made hereon, showing service of the summons issued
...................., 20 ....., with copy of the complaint filed .........., 20…..., attached.
The clerk must prepare as many as may be needed and deliver them with the summons and copies of the complaint.
The summons with copy of the complaint attached constitutes and must be served as one paper.
It is the duty of all persons eligible to serve process to make service within five days after receipt, and make return as to those served within 72 hours after the earliest service upon any party shown on each Proof of Service; but failure to make timely service and return does not prejudice the rights of any party except as provided in Rule 3:5.
Additional copies of the Proof of Service may be obtained from the clerk and returns thereon made in similar manner.
Plain-English Summary
Every summons carries a companion document, the Proof of Service, and this rule prescribes what it has to show. The form identifies the court and the case by its short style, and it documents two dates: when the summons was issued and when the copy of the complaint attached to it was filed. The clerk prepares as many of these forms as are needed and delivers them together with the summons and the copies of the complaint, and the summons with the complaint attached counts as a single paper that must be served together.
The rule also sets a clock on the people responsible for serving process. Anyone eligible to serve process has a duty to complete service within five days of receiving it, and to make the return — filling out and filing the Proof of Service — within 72 hours after the earliest service on any party shown on that form. Missing those deadlines doesn’t by itself prejudice any party’s rights, with one exception: the one-year service deadline in Rule 3:5 still applies regardless of how late an individual return is filed.
If more Proof of Service forms are needed beyond what the clerk initially supplies, additional copies are available from the clerk, and returns on those additional copies are made the same way.
Frequently Asked Questions
What is a “Proof of Service” in a Virginia civil case?
It’s the form used to make a return of service. It identifies the case, shows when the summons issued and when the attached copy of the complaint was filed, and is completed by the person who served the papers.
How quickly does process have to be served after it’s received?
Anyone eligible to serve process must make service within five days after receiving it.
How soon does a return have to be filed after service is made?
Within 72 hours after the earliest service upon any party shown on the Proof of Service.
What happens if service or the return is made late?
Late service or a late return doesn’t by itself prejudice any party’s rights, except for the one-year service limit in Rule 3:5, which still governs whether a judgment can be entered against a defendant served that late.
Do the summons and the complaint have to be served as separate papers?
No. The summons with the copy of the complaint attached constitutes and must be served as a single paper.
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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