Monday, August 25, 2003

Changes to Virginia Rules of Court

Amendments to the Rules of Court taking effect in October include changes to Rules 1:7, 1:12, 1:13, 4:7 and 4:9, as shown here.

Particularly noteworthy is the new Rule 1:12, which says regarding service by e-mail:

All pleadings, motions and other papers not required to be served otherwise and requests for subpoenas duces tecum shall be served by delivering, dispatching by commercial delivery service, transmitting by facsimile, delivering by electronic mail 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.

Service pursuant to this Rule shall be effective upon such delivery, dispatch, transmission or mailing, except that papers served by facsimile transmission completed after 5:00 p.m. shall be deemed served on the next day that is not a Saturday, Sunday, or legal holiday. Service by electronic mail under this
Rule is not effective if the party making service learns that the attempted service did not reach the person to be served.

At the foot of such pleadings and requests shall be appended either acceptance of service or a certificate of counsel that copies were served as this Rule requires, showing the date of delivery and method of service, dispatching, transmitting, or
mailing. When service is made by electronic mail, a certificate of counsel that the document was served by electronic mail shall be served by mail or transmitted by facsimile to each counsel of record on or before the day of service.

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