Fairfax County Circuit Court Service and Proof of Service Rules

CRITICAL

Local counsel must file proof of service on all parties.

Proof of Service on all parties

CRITICALCivil cases

Service

Mail to opposing party

A true and correct copy of the Order must be delivered to the party or counsel by certified mail, with the date of delivery certified.

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 .

CRITICALCivil cases

Applies to

All documents filed

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).

CRITICALCivil cases

Applies to

Order

If the opposing party’s or attorney’s signature cannot be obtained, the order must include a certification that a true and correct copy was delivered to the party or counsel by certified mail.

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.)

CRITICALCivil cases

Deadline

10 calendar days

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

CRITICALCriminal cases

Applies to

All filed documents

A copy of every filed document must be sent to opposing counsel.

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

CRITICALCivil cases

A copy of every filed document must be sent to opposing counsel.

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

CRITICALCivil cases

Deadline

10 calendar days

Within 10 days after filing the transcript, written notice of its 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.

CRITICALCivil cases

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

Copy of Notice of Appeal is mailed or delivered to all opposing counsel.

CRITICALCivil cases

Service

Mail to opposing party

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

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

CRITICALCriminal cases

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.

CRITICALCivil cases

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.

CRITICALCriminal cases

Applies to

Notice of appeal

Service

Mail to opposing party

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

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

CRITICALCivil cases

The praecipe certifies that a copy was mailed or delivered to counsel of record and served on any unrepresented parties.

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.

CRITICALCivil cases

Applies to

Notice

Service

Personal service

The certificate states that a copy of the Notice was hand delivered to the recipient.

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

CRITICALCriminal cases

Deadline

10 calendar days

Applies to

Transcript filing notice

Within 10 days after filing the transcript, appellant’s counsel must notify all parties in writing of the filing date and file a copy of the 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.

CRITICAL

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.

CRITICALCivil cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

Service

Mail

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.

WARNINGCivil cases

Service

Mail

The certification states that a true and correct copy of the order was delivered to the party or counsel by certified mail.

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 .

WARNING

Service

Email

Proof of notice to the opposing side should be emailed to CCRCalendarControlNotice@fairfaxcounty.gov.

Proof of notice to the opposing side should be emailed to CCRCalendarControlNotice@fairfaxcounty.gov.

WARNINGCivil cases

Applies to

Term day praecipe

Counsel seeking a trial date should file and serve a Term Day Praecipe to place the case on the Term Day docket.

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

WARNINGCriminal cases

Applies to

All filed documents

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).

INFO

Service

Electronic service to opposing party

The FSX eFiling Portal Service feature can be used to meet notice requirements to the opposing party.

You can meet your Notice requirements to the opposing party with the FSX eFiling Portal Service feature.