                                 CODE OF VIRGINIA

SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS; ORAL MOTIONS; SANCTIONS (§
8.01-271.1)

A. Except as otherwise provided in &#xA7;&#xA7; 16.1-260 and 63.2-1901, every
pleading, motion, or other paper of a party represented by an attorney shall be
signed by at least one attorney of record who is an active member in good
standing of the Virginia State Bar in his individual name, and the
attorney&#8217;s address shall be stated on the first pleading filed by that
attorney in the action. A party who is not represented by an attorney, including
a person confined in a state or local correctional facility proceeding pro se,
shall sign his pleading, motion, or other paper and state his address. The
signature of a person other than counsel of record who is an active member in
good standing of the Virginia State Bar or a pro se litigant is not a valid
signature. A minor who is not represented by an attorney shall sign his
pleading, motion, or other paper by his next friend. Either or both parents of
such minor may sign on behalf of such minor as his next friend. However, a
parent may not sign on behalf of a minor if such signature is otherwise
prohibited by subdivision 6 of &#xA7; 64.2-716. The signature required by this
section may be an electronic signature as defined in &#xA7; 59.1-480 or a
digital image of a signature. If a pleading, motion, or other paper is not
signed in compliance with this paragraph, it is defective. Such a defect renders
the pleading, motion, or other paper voidable.

B. The signature of an attorney or party constitutes a certificate by him that
(i) he has read the pleading, motion, or other paper, (ii) to the best of his
knowledge, information and belief, formed after reasonable inquiry, it is well
grounded in fact and is warranted by existing law or a good faith argument for
the extension, modification, or reversal of existing law, and (iii) it is not
interposed for any improper purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of litigation.

C. An oral motion made by an attorney or party in any court of the Commonwealth
constitutes a representation by him that (i) to the best of his knowledge,
information and belief formed after reasonable inquiry it is well grounded in
fact and is warranted by existing law or a good faith argument for the
extension, modification or reversal of existing law, and (ii) it is not
interposed for any improper purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of litigation.

D. If a pleading, motion, or other paper is signed or made in violation of this
section, the court, upon motion or upon its own initiative, shall impose upon
the person who signed the paper or made the motion, a represented party, or
both, an appropriate sanction, which may include an order to pay to the other
party or parties the amount of the reasonable expenses incurred because of the
filing of the pleading, motion, or other paper or making of the motion,
including reasonable attorney fees.

E. Failure to raise the issue of a signature defect in a pleading, motion, or
other paper before the trial court&#8217;s jurisdiction expires pursuant to Rule
1:1 (a) and Rule 1:1B waives any challenge to that pleading, motion, or other
paper based on such a defect.

F. Signature defects in appellate filings, including the notice of appeal, shall
be raised in the appellate court where the appeal is taken. Failure to timely
raise the issue of a defective signature in an appellate pleading, motion, or
other paper while the case is pending before the appellate court waives any
challenge to that pleading, motion, or other paper based on such a defect.

G. If a signature defect is not timely and properly cured after it is brought to
the attention of the pleader or movant, the pleading, motion, or other paper is
invalid and shall be stricken. A signature defect shall be cured within 21 days
after it is brought to the attention of the pleader or movant. If a signature
defect is timely and properly cured, the pleading, motion, or other paper shall
be valid and relate back to the date it was originally served or filed.

HISTORY: 1987, cc. 259, 682; 1998, c. 596; 2008, cc. 136, 845; 2018, c. 59;
2020, cc. 74, 351; 2024, c. 20.