{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-83.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-83.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-83.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-83.1.html"}],"law_id":80303,"edition_id":1,"section_id":80303,"structure_id":13176,"section_number":"16.1-83.1","catch_line":"Certification of expert witness opinion at time of service of process","history":"2005, cc. 649, 692; 2007, c. 489; 2013, cc. 65, 610; 2025, c. 359.","full_text":"A\n\nEvery warrant in debt, counter claim, or third party claim in a medical malpractice action, at the time the plaintiff first requests service of process upon a defendant, or requests a defendant to accept service of process, shall be deemed a certification that the plaintiff has obtained from an expert whom the plaintiff reasonably believes would qualify as an expert witness pursuant to subsection A of § 8.01-581.20 a written opinion signed by the expert witness that states:\n\t\t\tBASED UPON A REASONABLE UNDERSTANDING OF THE FACTS, THE DEFENDANT FOR WHOM SERVICE OF PROCESS HAS BEEN REQUESTED DEVIATED FROM THE APPLICABLE STANDARD OF CARE AND THE DEVIATION WAS A PROXIMATE CAUSE OF THE INJURIES CLAIMED.\n\t\t\tNo further statement or opinion from the expert shall be required for the purposes of this section. The plaintiff may have separate certifications for standard of care and causation. Each defendant who is the subject of an expert witness’s certification shall be identified in the certification.B\n\nThis certification is not necessary if the plaintiff, in good faith, alleges a medical malpractice action that asserts a theory of liability where expert testimony is unnecessary because the alleged act of negligence clearly lies within the range of the jury’s common knowledge and experience.C\n\nThe certifying expert shall not be required to be an expert witness expected to testify at trial nor shall any defendant be entitled to discover the identity or qualifications of the certifying expert or the nature of the certifying expert opinions. Should the certifying expert be identified as an expert expected to testify at trial, the opinions and bases therefor shall be discoverable pursuant to Rule 4:1 of the Rules of Supreme Court of Virginia with the exception of the expert’s status as a certifying expert.D\n\nWithin 21 days of an answer being filed by a defendant upon whom service of process has been requested, the plaintiff shall certify to such defendant that the plaintiff had obtained the necessary certifying expert opinion at the time service was requested or affirms that the plaintiff did not need to obtain a certifying expert witness opinion by including a statement that reads: THIS IS TO CERTIFY THAT THE PLAINTIFF HAS COMPLIED WITH § 16.1-83.1 OF THE CODE OF VIRGINIA. The court, upon good cause shown, may conduct an in camera review of the certifying expert opinion obtained by the plaintiff as the court may deem appropriate. If the plaintiff did not obtain a necessary certifying expert opinion at the time the plaintiff requested service of process on a defendant as required under this section, the court shall impose sanctions according to the provisions of § 8.01-271.1 and may dismiss the case with prejudice.","order_by":null,"text":{"0":{"id":287456,"text":"Every warrant in debt, counter claim, or third party claim in a medical malpractice action, at the time the plaintiff first requests service of process upon a defendant, or requests a defendant to accept service of process, shall be deemed a certification that the plaintiff has obtained from an expert whom the plaintiff reasonably believes would qualify as an expert witness pursuant to subsection A of § 8.01-581.20 a written opinion signed by the expert witness that states:\n\t\t\tBASED UPON A REASONABLE UNDERSTANDING OF THE FACTS, THE DEFENDANT FOR WHOM SERVICE OF PROCESS HAS BEEN REQUESTED DEVIATED FROM THE APPLICABLE STANDARD OF CARE AND THE DEVIATION WAS A PROXIMATE CAUSE OF THE INJURIES CLAIMED.\n\t\t\tNo further statement or opinion from the expert shall be required for the purposes of this section. The plaintiff may have separate certifications for standard of care and causation. Each defendant who is the subject of an expert witness’s certification shall be identified in the certification.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":287457,"text":"This certification is not necessary if the plaintiff, in good faith, alleges a medical malpractice action that asserts a theory of liability where expert testimony is unnecessary because the alleged act of negligence clearly lies within the range of the jury’s common knowledge and experience.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":287458,"text":"The certifying expert shall not be required to be an expert witness expected to testify at trial nor shall any defendant be entitled to discover the identity or qualifications of the certifying expert or the nature of the certifying expert opinions. Should the certifying expert be identified as an expert expected to testify at trial, the opinions and bases therefor shall be discoverable pursuant to Rule 4:1 of the Rules of Supreme Court of Virginia with the exception of the expert’s status as a certifying expert.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":287459,"text":"Within 21 days of an answer being filed by a defendant upon whom service of process has been requested, the plaintiff shall certify to such defendant that the plaintiff had obtained the necessary certifying expert opinion at the time service was requested or affirms that the plaintiff did not need to obtain a certifying expert witness opinion by including a statement that reads: THIS IS TO CERTIFY THAT THE PLAINTIFF HAS COMPLIED WITH § 16.1-83.1 OF THE CODE OF VIRGINIA. The court, upon good cause shown, may conduct an in camera review of the certifying expert opinion obtained by the plaintiff as the court may deem appropriate. If the plaintiff did not obtain a necessary certifying expert opinion at the time the plaintiff requested service of process on a defendant as required under this section, the court shall impose sanctions according to the provisions of § 8.01-271.1 and may dismiss the case with prejudice.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13176,"edition_id":1,"name":"Procedure in Civil Cases","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13175,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162399,"object_type":"structure","relational_id":13176,"identifier":"3","token":"16.1\/6\/3","url":"\/16.1\/6\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13175,"edition_id":1,"name":"Venue, Jurisdiction and Procedure in Civil Matters","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162373,"object_type":"structure","relational_id":13175,"identifier":"6","token":"16.1\/6","url":"\/16.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73499,"structure_id":13176,"section_number":"16.1-100","catch_line":"Additional executions; by whom issued","url":"\/16.1-100\/","token":"16.1\/6\/3\/16.1-100","metadata":false},{"id":86974,"structure_id":13176,"section_number":"16.1-101","catch_line":"Proceedings against officer failing to make or making improper return","url":"\/16.1-101\/","token":"16.1\/6\/3\/16.1-101","metadata":false},{"id":86518,"structure_id":13176,"section_number":"16.1-102","catch_line":"Officers and sureties liable for money collected after return day","url":"\/16.1-102\/","token":"16.1\/6\/3\/16.1-102","metadata":false},{"id":78448,"structure_id":13176,"section_number":"16.1-103","catch_line":"Proceedings by interrogatories","url":"\/16.1-103\/","token":"16.1\/6\/3\/16.1-103","metadata":false},{"id":54194,"structure_id":13176,"section_number":"16.1-104","catch_line":"Repealed","url":"\/16.1-104\/","token":"16.1\/6\/3\/16.1-104","metadata":false},{"id":86498,"structure_id":13176,"section_number":"16.1-105","catch_line":"Attachments","url":"\/16.1-105\/","token":"16.1\/6\/3\/16.1-105","metadata":false},{"id":79702,"structure_id":13176,"section_number":"16.1-106","catch_line":"Appeals from courts not of record in civil cases","url":"\/16.1-106\/","token":"16.1\/6\/3\/16.1-106","metadata":false},{"id":77862,"structure_id":13176,"section_number":"16.1-106.1","catch_line":"Withdrawal of appeal in civil cases","url":"\/16.1-106.1\/","token":"16.1\/6\/3\/16.1-106.1","metadata":false},{"id":55864,"structure_id":13176,"section_number":"16.1-107","catch_line":"Requirements for appeal","url":"\/16.1-107\/","token":"16.1\/6\/3\/16.1-107","metadata":false},{"id":67526,"structure_id":13176,"section_number":"16.1-108","catch_line":"Deposit of money in lieu of bond","url":"\/16.1-108\/","token":"16.1\/6\/3\/16.1-108","metadata":false},{"id":58518,"structure_id":13176,"section_number":"16.1-109","catch_line":"Appellate court may require new or additional security","url":"\/16.1-109\/","token":"16.1\/6\/3\/16.1-109","metadata":false},{"id":71245,"structure_id":13176,"section_number":"16.1-110","catch_line":"Bankruptcy of appellant does not release surety","url":"\/16.1-110\/","token":"16.1\/6\/3\/16.1-110","metadata":false},{"id":78313,"structure_id":13176,"section_number":"16.1-111","catch_line":"Court to which appeal sent","url":"\/16.1-111\/","token":"16.1\/6\/3\/16.1-111","metadata":false},{"id":79859,"structure_id":13176,"section_number":"16.1-112","catch_line":"All papers transmitted to appellate court; 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to whom directed","url":"\/16.1-99\/","token":"16.1\/6\/3\/16.1-99","metadata":false}],"previous_section":{"id":85267,"structure_id":13176,"section_number":"16.1-83","catch_line":"Consent of parties required for trial within five days of service","url":"\/16.1-83\/","token":"16.1\/6\/3\/16.1-83","metadata":false},"next_section":{"id":85207,"structure_id":13176,"section_number":"16.1-84","catch_line":"When action or proceeding not lost; when matured for hearing","url":"\/16.1-84\/","token":"16.1\/6\/3\/16.1-84","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-83.1\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapters 649<\/a> and 692<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2007, chapter 489<\/a>; in 2013, chapters 65<\/a> and 610<\/a>; in 2025, chapter 359<\/a>.<\/p>","references":[{"id":80303,"section_number":"16.1-83.1","catch_line":"Certification of expert witness opinion at time of service of process","order_by":null,"url":"\/16.1-83.1\/"}],"refers_to":[{"id":80303,"section_number":"16.1-83.1","catch_line":"Certification of expert witness opinion at time of service of process","order_by":null,"url":"\/16.1-83.1\/"},{"id":85673,"section_number":"8.01-271.1","catch_line":"Signing of pleadings, motions, and other papers; oral motions; sanctions","order_by":null,"url":"\/8.01-271.1\/"},{"id":75087,"section_number":"8.01-581.20","catch_line":"Standard of care in proceeding before medical malpractice review panel; expert testimony; determination of standard in action for damages","order_by":null,"url":"\/8.01-581.20\/"}],"permalink":{"id":162517,"object_type":"law","relational_id":80303,"identifier":"16.1-83.1","token":"16.1\/6\/3\/16.1-83.1","url":"\/16.1-83.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-83.1\/","token":"16.1\/6\/3\/16.1-83.1","dublin_core":{"Title":"Certification of expert witness opinion at time of service of process","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-83.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every warrant in debt, counter claim, or third party<\/span> claim in a medical malpractice action, at the time the plaintiff<\/span> first requests service of process<\/span> upon a defendant<\/span>, or requests a defendant<\/span> to accept service of process<\/span>, shall be deemed a certification that the plaintiff<\/span> has obtained from an expert whom the plaintiff<\/span> reasonably believes would qualify as an expert witness<\/span> pursuant to subsection A of § 8.01-581.20<\/a> a written opinion<\/span> signed by the expert witness<\/span> that states:\n\t\t\tBASED UPON A REASONABLE UNDERSTANDING OF THE FACTS<\/span>, THE DEFENDANT<\/span> FOR WHOM SERVICE OF PROCESS<\/span> HAS BEEN REQUESTED DEVIATED FROM THE APPLICABLE STANDARD OF CARE AND THE DEVIATION WAS A PROXIMATE CAUSE OF THE INJURIES CLAIMED.\n\t\t\tNo further statement or opinion<\/span> from the expert shall be required for the purposes of this section. The plaintiff<\/span> may have separate certifications for standard of care and causation. Each defendant<\/span> who is the subject of an expert witness<\/span>’s certification shall be identified in the certification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> This certification is not necessary if the plaintiff<\/span>, in good faith, alleges a medical malpractice action that asserts a theory of liability where expert testimony<\/span> is unnecessary because the alleged act of negligence<\/span> clearly lies within the range of the jury<\/span>’s common knowledge and experience. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The certifying expert shall not be required to be an expert witness<\/span> expected to testify at trial<\/span> nor shall any defendant<\/span> be entitled to discover the identity or qualifications of the certifying expert or the nature of the certifying expert opinions<\/span>. Should the certifying expert be identified as an expert expected to testify at trial<\/span>, the opinions<\/span> and bases therefor shall be discoverable pursuant to Rule 4:1 of the Rules of Supreme Court<\/span> of Virginia with the exception of the expert’s status as a certifying expert. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Within 21 days of an answer being filed by a defendant<\/span> upon whom service of process<\/span> has been requested, the plaintiff<\/span> shall certify to such defendant<\/span> that the plaintiff<\/span> had obtained the necessary certifying expert opinion<\/span> at the time service was requested or affirms<\/span> that the plaintiff<\/span> did not need to obtain a certifying expert witness<\/span> opinion<\/span> by including a statement that reads: THIS IS TO CERTIFY THAT THE PLAINTIFF<\/span> HAS COMPLIED WITH § 16.1-83.1<\/a> OF THE CODE OF VIRGINIA. The court<\/span>, upon good cause shown, may conduct an in camera<\/span> review of the certifying expert opinion<\/span> obtained by the plaintiff<\/span> as the court<\/span> may deem appropriate. If the plaintiff<\/span> did not obtain a necessary certifying expert opinion<\/span> at the time the plaintiff<\/span> requested service of process<\/span> on a defendant<\/span> as required under this section, the court<\/span> shall impose sanctions<\/span> according to the provisions of § 8.01-271.1<\/a> and may dismiss the case with prejudice. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTIFICATION OF EXPERT WITNESS OPINION AT TIME OF SERVICE OF PROCESS (\u00a7\n16.1-83.1)\n\nA. Every warrant in debt, counter claim, or third party claim in a medical\nmalpractice action, at the time the plaintiff first requests service of process\nupon a defendant, or requests a defendant to accept service of process, shall be\ndeemed a certification that the plaintiff has obtained from an expert whom the\nplaintiff reasonably believes would qualify as an expert witness pursuant to\nsubsection A of § 8.01-581.20 a written opinion signed by the expert\nwitness that states:\n\t\t\tBASED UPON A REASONABLE UNDERSTANDING OF THE FACTS, THE DEFENDANT FOR WHOM\nSERVICE OF PROCESS HAS BEEN REQUESTED DEVIATED FROM THE APPLICABLE STANDARD OF\nCARE AND THE DEVIATION WAS A PROXIMATE CAUSE OF THE INJURIES CLAIMED.\n\t\t\tNo further statement or opinion from the expert shall be required for the\npurposes of this section. The plaintiff may have separate certifications for\nstandard of care and causation. Each defendant who is the subject of an expert\nwitness’s certification shall be identified in the certification.\n\nB. This certification is not necessary if the plaintiff, in good faith, alleges\na medical malpractice action that asserts a theory of liability where expert\ntestimony is unnecessary because the alleged act of negligence clearly lies\nwithin the range of the jury’s common knowledge and experience.\n\nC. The certifying expert shall not be required to be an expert witness expected\nto testify at trial nor shall any defendant be entitled to discover the identity\nor qualifications of the certifying expert or the nature of the certifying\nexpert opinions. Should the certifying expert be identified as an expert\nexpected to testify at trial, the opinions and bases therefor shall be\ndiscoverable pursuant to Rule 4:1 of the Rules of Supreme Court of Virginia with\nthe exception of the expert’s status as a certifying expert.\n\nD. Within 21 days of an answer being filed by a defendant upon whom service of\nprocess has been requested, the plaintiff shall certify to such defendant that\nthe plaintiff had obtained the necessary certifying expert opinion at the time\nservice was requested or affirms that the plaintiff did not need to obtain a\ncertifying expert witness opinion by including a statement that reads: THIS IS\nTO CERTIFY THAT THE PLAINTIFF HAS COMPLIED WITH § 16.1-83.1 OF THE CODE OF\nVIRGINIA. The court, upon good cause shown, may conduct an in camera review of\nthe certifying expert opinion obtained by the plaintiff as the court may deem\nappropriate. If the plaintiff did not obtain a necessary certifying expert\nopinion at the time the plaintiff requested service of process on a defendant as\nrequired under this section, the court shall impose sanctions according to the\nprovisions of § 8.01-271.1 and may dismiss the case with prejudice.\n\nHISTORY: 2005, cc. 649, 692; 2007, c. 489; 2013, cc. 65, 610; 2025, c. 359.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}