Court Rules

Fairfax County Circuit Court Service and Proof of Service Rules

20 rules from official source documents

E-service, mail, personal service, proof of service, certificate, and timing requirements. This page is scoped to Fairfax County Circuit Court; use the court rules overview to switch categories without leaving this court.

Applies to
Order
Service
Mail

The Order must be served by certified mail, and a certification of service is required if the opposing party's or their attorney's signature cannot be obtained.

I certify that a true and correct copy of the foregoing Order has been delivered, by Certified Mail, to the ________________ (name of Party or Counsel), at his/her address on this ________ day of ______________, 20___. (NOTE – THIS IS NECESSARY IF SIGNATURE OF THE OPPOSING PARTY OR HIS/HER ATTORNEY CANNOT BE ACQUIRED.)

Deadline
10 calendar days
Service
Other to all parties

Within 10 days of filing the transcript with the trial court, appellant's counsel must send written notice of the filing date to all parties and file a copy of that notice with the trial court.

Within 10 days of filing the transcript with the trial court counsel for the appellant must send written notice to all parties, of the date on which the transcript was filed and file a copy of the said notice with the trial court.

Applies to
Notice of appeal
Service
Mail to opposing party

The original notice of appeal is filed in the trial court clerk's office, and a copy must be mailed or delivered to all opposing counsel.

Original Notice of Appeal is filed in the clerk's office of the trial court. §17.1-407 • Copy of Notice of Appeal is mailed or delivered to all opposing counsel.

Within 10 days of filing the transcript, written notice of the filing date must be sent to all counsel or parties, and a copy of the notice filed with the trial court.

Within 10 days of filing the transcript with the trial court written notice must be sent to all counsel or parties of the date on which the transcript was filed and file a copy of the said notice with the trial court.

Service
Mail

A Certification of Service by Certified Mail is required when the opposing party or their attorney cannot sign the Order of Payment.

I certify that a true and correct copy of the foregoing Order has been delivered, by Certified Mail, to the (Name of Party or Counsel), at his/her address on this ... (NOTE – THIS IS NECESSARY IF SIGNATURE OF THE OPPOSING PARTY OR HIS/HER ATTORNEY CANNOT BE ACQUIRED.)

Proof of service on all parties must be filed with the pro hac vice motion.

Proof of Service on all parties

Applies to
Notice of appeal
Service
Mail to all parties

A copy of the notice of appeal must be mailed or delivered to all opposing counsel and the Clerk of the Court of Appeals.

Copy of Notice of Appeal is mailed or delivered to all opposing counsel and the Clerk of the Court of Appeals.

Deadline
10 calendar days
Applies to
Notice of transcript filing
Service
Mail to all parties

Within 10 days of filing the transcript, written notice of the filing date must be sent to all counsel or parties and a copy filed with the trial court.

Within 10 days of filing the transcript with the trial court written notice must be sent to all counsel or parties of the date on which the transcript was filed and file a copy of the said notice with the trial court.

Applies to
All documents filed
Service
Mail to opposing party

Copies of all documents filed must be sent to opposing counsel.

Copies of all documents filed must be sent to opposing counsel. Rule 5A:1(b)(10).

Applies to
Notice
Service
Personal service

A certificate of service must certify hand delivery of the Notice to the recipient.

I certify that I have hand delivered a copy of this Notice to __________________________, on this _____ day of ________________, 20____.

Required
Always
Service
Other to all parties

E-filing users are solely responsible for determining whether a case document must be served on another party rather than merely filed into the case record.

FURTHERMORE, IT IS SOLELY THE USER'S RESPONSIBILITY TO DETERMINE IF A CASE DOCUMENT MUST BE SERVED ON ANOTHER PARTY TO THE MATTER, AS OPPOSED TO SIMPLY FILED INTO THE CASE RECORD.

Service
Mail to all parties

The praecipe must be mailed or delivered to all counsel of record under Rule 1:12 and served on parties not represented by counsel.

I also certify that on the ________ day of ____________________________, ________. I mailed or delivered a true copy of the foregoing praecipe to all counsel of record herein pursuant to the provisions of Rule 1:12 of the Rule of the Supreme Court of Virginia, and served a true copy upon parties not represented by counsel, if any.

Service
Mail to other

A copy of the Notice of Appeal must be mailed or delivered to all opposing counsel and to the Clerk of the Court of Appeals.

Copy of Notice of Appeal is mailed or delivered to all opposing counsel and the Clerk of the Court of Appeals.

Service
Other to opposing party

Three copies of the appendix and opening brief must be sent to opposing counsel.

Seven (7) copies must be filed; three (3) copies must be sent to opposing counsel.

Required
Always
Applies to
All filed documents
Service
Other to opposing party

Copies of all documents filed must be sent to opposing counsel.

Copies of all documents filed must be sent to opposing counsel. Rule 5A:1(b)(10).

Applies to
Term day praecipe

The Term Day Praecipe must be served when filed.

Counsel desiring to set a trial date should file and serve a Term Day Praecipe placing the case on the Term Day docket.

Parties must provide notice of the calendar control appearance to the opposing party and attach a copy of the notice if the opposing party is not present.

Notice of Calendar Control Appearance provided to opposing party on ___________________ (date) by _______________________(method). Attach copy of notice if opposing party is not present.

Applies to
Service request
Service
Electronic service

Service of Process may be requested through File & ServeXpress in civil cases.

Yes, in Civil cases. Please go to the File & ServeXpress website and scroll down to their FAQ section. There you will find answers to questions such as: how do I request Service of Process for new documents; what document should I attach when I select the document type “Service Request”; how do I request Service of Process for an already filed and date-stamped document?

Service
Electronic service

Fillable 1-week and 2-week praecipe forms are available for completion, signature, and e-submission, and notice requirements to the opposing party can be met with the FSX eFiling Portal Service feature.

It has improved. We now offer easier-to-use, fillable 1-week and 2-week praecipe forms available for your completion, signature and e-submission. You can meet your Notice requirements to the opposing party with the FSX eFiling Portal Service feature.

Service
Electronic service

EFiling provides a promptly received file-stamped copy and the ability to e-serve the filed document through the FSX portal immediately.

It is a timesaver. You will promptly receive a file-stamped copy. Also, you enjoy the ability to e-serve your filed document through the FSX portal immediately. Yes.

Common questions about Fairfax County Circuit Court service and proof of service rules

What rule applies to service for order in Fairfax County Circuit Court?

Proof of service is required for the covered service rule. Details: method: service by mail. The Order must be served by certified mail, and a certification of service is required if the opposing party's or their attorney's signature cannot be obtained.

View ruleSource: page 2, section Certification of Service

What rule applies to serving all parties in Fairfax County Circuit Court?

The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties, timing: 10 calendar days after filing. Within 10 days of filing the transcript with the trial court, appellant's counsel must send written notice of the filing date to all parties and file a copy of that notice with the trial court.

View ruleSource: page 1, section File Transcript or Written Statement of Facts. Rule 5A:8

What rule applies to service for notice of appeal in Fairfax County Circuit Court?

The rule addresses service method, recipient, or timing requirements. Details: method: service by mail, recipient: the opposing party. The original notice of appeal is filed in the trial court clerk's office, and a copy must be mailed or delivered to all opposing counsel.

View ruleSource: page 1, section 1. File a Notice of Appeal with the trial court

What rule applies to serving all parties in Fairfax County Circuit Court?

The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties, timing: after filing. Within 10 days of filing the transcript, written notice of the filing date must be sent to all counsel or parties, and a copy of the notice filed with the trial court.

View ruleSource: page 1, section 2. File Transcript or written statement of facts

What rule applies to service by mail in Fairfax County Circuit Court?

Proof of service is required for the covered service rule. Details: method: service by mail. A Certification of Service by Certified Mail is required when the opposing party or their attorney cannot sign the Order of Payment.

View ruleSource: page 2, section Certification of Service

What service or proof of service rules apply in Fairfax County Circuit Court?

Proof of service is required for the covered service rule. Proof of service on all parties must be filed with the pro hac vice motion.

View ruleSource: page 1, section Documents to be Filed in Circuit Court (by local counsel)