Fauquier General District Court, Virginia Service and Proof of Service Rules

CRITICAL

For pleadings requiring service, the plaintiff must provide the correct number of service copies and instructions for forwarding them to the appropriate sheriff.

If pleadings require service, the plaintiff is required to provide the correct number of service copies, together with instructions for forwarding service copies to the appropriate sheriff.

CRITICAL

A motion to withdraw must give notice to all parties, including the withdrawing attorney's client, and indicate that notice in the Certificate of Service.

Motions to Withdraw must notice all parties, including the withdrawing attorney’s client such notice must be indicated in the Certificate of Service in accordance with the Rule 1:5(d) of the Supreme Court.

CRITICAL

The moving party must give proper notice to the opposing party when seeking to amend or dissolve a protective order.

The moving party must give proper notice to the opposing party and appear before the court to request the amendment or dissolution.

CRITICAL

Applies to

Discovery motion

A copy of a Motion for Discovery must be provided to the prosecutor when the motion is filed with the Court.

Upon filing a Motion for Discovery with this Court and a copy to the prosecutor, as provided in Virginia Supreme Court Rule 7C:5,

CRITICAL

A copy of a bail or bond motion seeking a next-day hearing must be provided to the Commonwealth Attorney by 3:00 p.m. on the preceding day.

A bail/bond motion may be placed on the docket for next day hearing so long as it is filed with the Court and with a copy to the Commonwealth Attorney by 3:00 p.m. on the day prior to the hearing day requested.

CRITICAL

A party may docket a civil motion or other pretrial request by giving the court and opposing party at least seven days’ advance written notice, unless another provision or statute states otherwise.

Civil motions or other pre-trial requests for court action in a civil case may be placed on the docket by a party providing at least seven days advance written notice to both the court and the opposing party, unless otherwise stated herein or by statute.

CRITICAL

Applies to

Discovery motion

A Motion for Discovery must give notice to the prosecutor and be filed at least 10 days before the scheduled trial and/or preliminary hearing.

The Motion for Discovery must give notice to the prosecutor and be filed no later than 10 days before the scheduled trial and/or preliminary hearing date.

CRITICAL

Unless a statute provides an exemption, a copy of each motion must be provided to the opposing party or counsel when the motion is filed, subject to VSCR 1:12.

Unless exempted by statute, a copy of any motion filed with the Court are subject to VSCR 1:12 and must be provided to the opposing party/counsel at the time of filing.

CRITICAL

If the Court takes action and issues process for a pretrial violation, the defendant will be served and arraigned.

If the court takes action and issues process, the defendant will be served and arraigned.

CRITICAL

Applies to

Written notice of next court date and deadlines

When the appearing party or counsel represents that the parties agreed to schedule or continue the matter, the appearing party or counsel must promptly send the opposing party written notice of the next court date and any related deadlines ordered at the return hearing.

If only one party/counsel of record appears for a civil return and represents to the Court that, by agreement, the matter is to be scheduled or otherwise continued, then the appearing party/counsel of record is required to forthwith send written notice to the opposing party of the next court date and of any related deadlines ordered by the Court at the civil return hearing.

CRITICAL

If a corporation has no registered agent, the plaintiff must provide an officer’s name and address for service and may not use an employee’s name.

If there is no registered agent, the plaintiff must provide the Court with the name and address of an officer of the corporation to be served. Plaintiff may not use an employee’s name for service on a corporation.

CRITICAL

A party appealing a bond decision must provide notice to the Commonwealth.

The Court’s decision with respect to bond may be appealed to the Circuit Court by either party so long as it is properly noted in the Clerk’s Office and notice is provided to the Commonwealth.

CRITICAL

An extension request concerning restitution payment must include proper notice to the Commonwealth Attorney’s office.

If defendant cannot pay within the ordered timeframe, any request for an extension must be docketed for hearing at 11:30 a.m. with proper notice to the Commonwealth Attorney’s office.

CRITICAL

The plaintiff must ensure that all statutory service requirements applicable to the case are met.

Service requirements are statutorily mandated and the plaintiff must ensure that all service requirements applicable to any particular case have been met.

CRITICAL

The plaintiff must comply with applicable laws governing service of process and other notice requirements for each defendant.

Each defendant is entitled to proper notice. The plaintiff is required to abide by all laws with respect to service of process and all other notice requirements set forth by law.

CRITICAL

Service

Publication

Publication service is governed by statute, its fees are paid directly to the newspaper, and proof of publication service must be filed with the clerk before the first return.

Service by publication is governed by statute. Fees are payable directly to the newspaper. Proof of service via publication shall be filed with the clerk prior to the first return.

CRITICAL

Any email to the clerk’s office must copy all other counsel or opposing self-represented litigants.

Any email sent to the clerk’s office must be copied to all other counsel or opposing self-represented litigants.

CRITICAL

A copy of a written motion requesting a reconsideration hearing must be provided to the opposing party.

Any party submitting a request for a reconsideration hearing must submit a written motion stating the reasons for his/her request for a hearing with copy to the opposing party.

CRITICAL

Service

Mail to all parties

The Praecipe shall have been mailed to all parties;

The Praecipe shall have been mailed to all parties;

WARNING

For subpoenas served outside Fauquier County, counsel should plan for the additional forwarding and local processing time and allow at least 30 days.

Please take into consideration that the paperwork for subpoenas to be served outside of Fauquier County must be forwarded to the appropriate jurisdiction and then go through whatever procedures the Sheriff's Department in the foreign jurisdiction employs. As such, service outside of Fauquier County almost certainly takes more time than service within the County. Counsel should plan accordingly and allow at least 30 days.

WARNING

Plaintiffs are discouraged from serving defendants with first-return dates that the Court has not confirmed.

Plaintiffs are discouraged from serving Defendants with first return dates that have not been confirmed by the Court.

WARNING

For out-of-county sheriff service, the Clerk’s Office processes the pleadings within three to five business days and forwards them to the sheriff in the indicated jurisdiction.

For out-of-county service, the Clerk’s Office processes any pleadings that must be served by the Sheriff of another county or city within three to five business days and forwards the pleadings to the Sheriff of the indicated jurisdiction.

WARNING

Motions to amend bail/bond conditions should provide notice to the local Pretrial Services agency when the defendant is at liberty and has been placed under the supervision of Pretrial Services.

Motions to amend bail/bond conditions should provide notice to the local Pretrial Services agency when the defendant is at liberty and has been placed under the supervision of Pretrial Services.

WARNING

Witnesses must receive reasonable notice.

As a practical matter, witnesses must be given reasonable notice.

WARNING

When filing pleadings for private process service, counsel or a pro se party should advise the Clerk’s Office that private process is desired.

When filing pleadings to be served by private process, counsel, or any pro se party, should advise the Clerk’s Office if private process service is desired.

WARNING

Electronic notice between parties is governed by the VSCR.

Any electronic notice between the parties is governed by the VSCR.

WARNING

Service

Court service

If the matter is rescheduled, the Court will notify the defendant of the new court date.

If the matter is rescheduled, the Court will notify the defendant of the new court date.

WARNING

For in-county sheriff service, the original process will be forwarded to the Fauquier County Sheriff’s Office within three to five business days after the pleadings are filed.

For in-county service, the original process to be served by the Fauquier County Sheriff’s Office will be forwarded to the Sheriff’s Office within three to five business days following the filing of the pleadings.

WARNING

A copy of any filing(s) should be provided to the Commonwealth as required under VSCR 1:12.

A copy of any filing(s) should be provided to the Commonwealth as required under VSCR 1:12.

WARNING

For filings requiring service, the filer generally must provide the original and one copy for each service.

Generally, for filings requiring service, it is necessary to provide the original plus one copy for each service.

INFO

The Clerk’s Office will notify counsel when private-process materials are ready for pickup.

The Clerk's Office will notify counsel when the process is ready for pick-up.

INFO

A defendant who does not live in Virginia can be served through the Secretary of the Commonwealth.

Any defendant who does not live in the Commonwealth of Virginia can be served through the Secretary of the Commonwealth.