No amendments may be made to any pleading after it is filed save by leave of court. V.S.C.R. 1:8 (amended eff 3/1/21).
Motion for Leave to Amend
Amended Pleading Rules
Leave Liberally Granted
No amendments may be made to any pleading after it is filed save by leave of court. Leave to amend should be liberally granted in furtherance of the ends of justice. Any written motion for leave to file an amended pleading must be accompanied by a properly executed proposed amended pleading, in a form suitable for filing. If the motion is granted, the amended pleading accompanying the motion is deemed filed in the clerk's office as of the date of the court's order. If the motion is granted in part, the court may provide for filing an amended pleading. Where leave to amend is granted other than upon a written motion, whether on demurrer or oral motion or otherwise, the amended pleading must be filed within twenty-one (21) days. In granting leave to amend the court may make such provision for notice and opportunity to make response as the court may deem reasonable and proper. V.S.C.R. 1:8 (amended eff 3/1/21).
NEW RULE AMENDMENTS EFFECTIVE JULY 1, 2023
Allegation of Negligence
An allegation of negligence or contributory negligence is sufficient without specifying the particulars of the negligence. V.S.C.R. 3:18 (b) (amended eff 3/1/21).
Every pleading must state the facts on which the party relies in numbered paragraphs, and it is sufficient if it clearly informs the opposite party of the true nature of the claim or defense. V.S.C.R. 1:4 (d) (amended eff 3/1/21).
An allegation of fact in a pleading that is not denied by the adverse party's pleading, when the adverse party is required to file such pleading, is deemed to be admitted. V.S.C.R. 1:4 (e) (amended eff 3/1/21).
General denials are not permitted. V.S.C.R. 3:8 (a) (amended eff 7/5/21).
Upon the commencement of every action, the plaintiff must furnish in writing to the clerk or other issuing officer the full name and last known address of each defendant and if unable to furnish such name and address, he must furnish such salient facts as are calculated to identify with reasonable certainty such defendant. Va. Code § 8.01-290.
Form of Summons
The process of the courts in civil actions shall be a summons in substantially this form:
A civil cover sheet must accompany the complaint and may be downloaded at http://www.courts.state.va.us/forms/circuit/civil.html.
The plaintiff must furnish the clerk with as many copies of the complaint needed to serve each defendant, except where service is waived pursuant to Va. Code § 8.01-286.1. V.S.C.R. 3:4 (a) (amended eff 3/1/21).
If the plaintiff fails to provide sufficient copies of the complaint, the pendency of the action will not be affected; rather the clerk may request that additional copies be provided as needed. If the plaintiff fails to promptly provide such copies, the clerk may notify the judge, who will, in turn, require counsel to provide such copies by a date certain. If the copies are not provided by that date, the court may enter an order dismissing the action. In an Electronically Filed Case, if the clerk has been provided with plaintiff's credit card, the clerk must promptly prepare additional copies as needed. V.S.C.R. 3:4 (c) (amended eff 3/1/21).
Copies of exhibits filed with the complaint need not be furnished to or served on the defendant(s). An electronic or digitally imaged copy of all exhibits that are incorporated by reference in the pleading must be filed with the complaint. V.S.C.R. 3:4 (b) (amended 3/1/21).
Virginia has extremely detailed and specific rules regarding the filing of medical malpractice claims. These rules are contained in Virginia Code §§ 8.01-581.1 through 8.01-581.20:1. Practitioners should consult these rules before proceeding with the filing of a claim.
Any party may demand a trial by jury of any issue triable of right by a jury in the complaint or by:
Serving a demand in writing at any time after the commencement of the action and not later than ten (10) days after the service of the last pleading directed to the issue, and
Filing the demand with the trial court.
See Fairfax County SmartRules™ procedural guide: FILING DOCUMENTS.
The filing fee schedule for each Circuit Court may be found on the court's Individual Circuit Court page.
All pleadings, motions, and other papers served after the initial process in an action must be served by delivering, dispatching by commercial delivery service for same-day or next-day delivery, transmitting by facsimile, delivering by electronic mail when VSCR 1:17 so provides or when consented to in writing signed by the person to be served, or mailing, a copy to each counsel of record on or before the day of filing. V.S.C.R. 1:12 (amended eff 3/1/21).
Service is effective upon such delivery, dispatch, transmission, or mailing. Service by electronic mail is not effective if the party making service learns that the attempted service did not reach the person to be served. V.S.C.R. 1:12 (amended eff 3/1/21).
The foot of pleadings and requests must include either acceptance of service or a certificate of counsel that copies were served, showing the date of delivery and method of service. When service is made by electronic mail, a certificate of counsel that the document was served by electronic mail must be served by mail or transmitted by facsimile to each counsel of record on or before the day of service. V.S.C.R. 1:12 (amended eff 3/1/21).
Parties that have not yet appeared in the action must be served with process in the same manner as service of a complaint. For more information, See Fairfax County SmartRules™ guide: SERVICE OF PROCESS.
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