As amended through September 26, 2024
Rule 1:5A - Signature Defects(a)Signature Compliance and Defects. - If a pleading, motion, or other paper is not signed in compliance with Code § 8.01-271.1A(A), it is defective. Such a defect renders the pleading, motion, or other paper voidable.(b)Raising Signature Defects; Waiver.- (1) Pursuant to paragraphs (E) and (F) of Code § 8.01-271.1, the issue of a signature defect must be raised in the trial court unless the signature defect occurs in an appellate filing. Signature defects in appellate filings, including the notice of appeal, must be raised in the appellate court where the appeal is taken.(2) Failure to raise the issue of a signature defect in a pleading, motion or other paper, other than the notice of appeal, before the trial court's jurisdiction expires pursuant to Rule 1:1(a) and Rule 1:1B, waives any challenge based on such defect. Failure to raise the issue of a signature defect in appellate documents, including the notice of appeal, in the appellate court waives any challenge based on such defect.(c)Curing Signature Defects; Failure to Cure. -(1) A signature defect must be cured within 21 days after it is brought to the attention of the pleader or movant, as required under Code § 8.01-271.1G(G). If a signature defect is timely and properly cured, the pleading, motion, or other paper is deemed valid and relates back to the date it was originally served or filed.(2) 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 must be stricken.(d)Costs and Fees. - The court, upon motion or upon its own initiative, may require the person who signed the paper, the party represented by that person, or both, to reimburse any additional costs and fees, including reasonable attorney fees, incurred by other parties solely as a result of the signature defect.(e)Statute of Limitations. - If a complaint is filed to commence a civil action under Rule 3:2(a) within the prescribed limitation period and is dismissed due to the failure to timely and properly cure a signature defect, the provisions of Code § 8.01-229E(E)(1) govern the calculation of the limitation period. The time such action was pending will not be computed as part of the period within which such action may be brought, and another action may be brought within the remaining period.Adopted by order dated May 31, 2017, effective 8/1/2017; amended by order dated September 24, 2020, effective 11/23/2020; amended by order dated November 23, 2020, effective 3/1/2021; amended by order dated June 13, 2022, effective 8/12/2022.