Rule 8:8.Pleadings.

Part Eight: Juvenile and Domestic Relations District Courts · Last amended 2021 · Last verified July 16, 2026

In one sentenceRule 8:8 governs pleadings in these courts — signature and good faith, the effect of not responding, amendment, bills of particulars, service of copies, and electronic filing.

Full Text of Rule 8:8

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) General. Counsel of record tendering a pleading gives assurances that it is filed in good faith and not for delay, and counsel of record who files a pleading must sign it and state counsel's address and telephone number. A pleading that is sworn to is an affidavit for all purposes for which an affidavit is required or permitted. The mention in a pleading of an accompanying exhibit, of itself and without more, makes such an exhibit a part of the pleading.

(b) Denial, Admission, Objection. A party respondent need not file a pleading or may file a pleading denying or admitting all or any facts alleged in the petition, motion, or summons, or the respondent may file a motion raising objections. Any allegation not admitted is deemed denied. If a respondent fails to file a pleading, the failure will be taken as a denial of the allegations in the petition, motion, or summons.

(c) Amendment of Written Pleading. Except as hereinafter provided, or as provided pursuant to §§ 16.1-129.2, 16.1-93 and 16.1-259, no amendment may be made to any pleading after it is filed with the clerk, except by leave of court. Leave to amend a pleading should be liberally granted in furtherance of the ends of justice. In granting leave to amend, the court may make such provision for notice thereof and opportunity to make response as the court may deem reasonable and proper. In delinquency, child in need of services, child in need of supervision, and status offense proceedings, the court may permit amendment of the written pleading at any time before adjudication, provided that the amendment does not change the nature or character of the matter alleged. If the amendment is made after the respondent pleads or is made after any evidence is heard, the amended pleading must be read to him and he must be allowed to change his plea. If the court finds that the amendment operates as a surprise to the respondent, it must upon request grant a continuance for a reasonable time.

(d) Bill of Particulars. The court may direct the filing of a bill of particulars at any time before trial.

(e) Copies of Pleadings to be Furnished. Except as provided in subdivision (f) of this Rule, all pleadings not otherwise required to be served must be served on each counsel of record by delivering, dispatching by commercial delivery service, transmitting by facsimile or mailing a copy to each on or before the day of filing. At the foot of such pleadings must be appended either acceptances of service or a certificate that copies were served as this Rule requires, showing the date of delivery, dispatching, transmitting or mailing.

(f) Electronic Filing. In any juvenile and domestic relations district court which has established an electronic filing system pursuant to Rule 1:17:

(1) Any proceeding may be designated as an Electronically Filed Case upon consent of all parties in the case.

(2) Except where service and/or filing of an original paper document is expressly required by these rules, all pleadings, motions, notices and other instruments in an Electronically Filed Case must be formatted, served and filed as specified in the requirements and procedures of Rule 1:17; provided, however, that when any document listed below is filed in the case, the filing party must notify the clerk of court that the original document must be retained.

(i) Any pleading or affidavit required by statute or rule to be sworn, verified or certified as provided in Rule 1:17(e)(5).

(ii) Any contract or deed.

(iii) Any prenuptial agreement or written settlement agreement, including any property settlement agreement.

(iv) Any check or other negotiable instrument.

(v) Any handwritten statement, waiver, or consent by a defendant or witness in a criminal proceeding.

(vi) Any form signed by a defendant in a criminal proceeding, including any typed statements or a guilty plea form.

(vii) Any document that cannot be converted into an electronic document in such a way as to produce a clear and readable image.

End

Plain-English Summary

Counsel of record who tenders a pleading gives assurances that it is filed in good faith and not for delay, must sign it, and must state an address and telephone number. A sworn pleading counts as an affidavit wherever one is required or permitted, and mentioning an accompanying exhibit makes that exhibit part of the pleading without anything further.

Responding is optional in a way that circuit practice is not. A respondent need not file a pleading at all, may file one admitting or denying, or may file a motion raising objections. Any allegation not admitted is deemed denied, and a failure to file is taken as a denial. Nothing is conceded by silence.

Amendment after filing requires leave of court, except as Code §§ 16.1-129.2, 16.1-93 and 16.1-259 provide — and leave should be liberally granted in furtherance of the ends of justice. Delinquency, children in need of services or supervision, and status offense proceedings get a specific allowance: amendment any time before adjudication, provided it does not change the nature or character of the matter alleged. If the amendment comes after the respondent pleads or after evidence is heard, the amended pleading must be read to him and he must be allowed to change his plea, and a surprised respondent must be granted a continuance for a reasonable time on request. The court may also direct a bill of particulars at any time before trial.

Copies of pleadings not otherwise required to be served go to each counsel of record by delivery, commercial delivery service, facsimile or mail on or before the day of filing, with acceptances of service or a certificate showing the date appended at the foot. In a court with an electronic filing system under Rule 1:17, a proceeding may be designated an Electronically Filed Case on the consent of all parties, after which Rule 1:17 governs format, service and filing — except that the filing party must tell the clerk to retain the original of seven listed categories of document, including sworn pleadings, contracts and deeds, settlement and prenuptial agreements, negotiable instruments, handwritten statements or waivers by a criminal defendant or witness, signed defendant forms including guilty plea forms, and anything that will not convert into a clear and readable electronic image.

Frequently Asked Questions

Does a respondent have to file a pleading?

No. A respondent need not file a pleading, may file one denying or admitting, or may file a motion raising objections. Any allegation not admitted is deemed denied, and a failure to file is taken as a denial.

When can a pleading be amended?

After filing, only by leave of court except as Code §§ 16.1-129.2, 16.1-93 and 16.1-259 provide, and leave should be liberally granted. In delinquency, child in need of services or supervision, and status offense proceedings, the court may permit amendment any time before adjudication if it does not change the nature or character of the matter alleged.

What happens if a pleading is amended after the respondent has pleaded?

The amended pleading must be read to him and he must be allowed to change his plea. If the court finds the amendment operates as a surprise, it must on request grant a continuance for a reasonable time.

How does a case become an Electronically Filed Case?

In a juvenile and domestic relations district court that has established an electronic filing system under Rule 1:17, any proceeding may be designated an Electronically Filed Case upon the consent of all parties.

Which original documents must be retained in an electronically filed case?

Sworn, verified or certified pleadings and affidavits; contracts and deeds; prenuptial and written settlement agreements including property settlement agreements; checks and other negotiable instruments; handwritten statements, waivers or consents by a criminal defendant or witness; signed defendant forms including guilty plea forms; and any document that cannot be converted into a clear and readable electronic image.

Amendment History

Last amended by Order dated March 1, 2011; effective May 2, 2011. 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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