Va. Sup. Ct. R. 5:1B

(a) Record on Appeal. – If available, all components of the record on appeal must be filed in

electronic form as provided in Rule 5:13A. If such a digital appellate record is not available, a

paper record must be filed complying with Rules 5:10, 5:11, 5:13, and related provisions of these

Rules.

(b) Electronic Filing of All Other Documents (“e-filing”). ‒ All documents – other than the

record on appeal – must be filed electronically, except for filings by pro se prisoners or a litigant

who has been granted leave by the Court to file documents in paper form. Documents to be filed

electronically include, but are not limited to, all notices, motions, pleadings, petitions, briefs,

appendices, letters, exhibits, or other items to be filed or served during an appeal. All such

documents must be filed with the clerk of this Court electronically, in Portable Document Format

(referred to in these Rules as the “PDF” or “electronic version”). The electronic version must be

filed in the manner prescribed by the Virginia Appellate Courts Electronic System (“VACES”)

Guidelines and User's Manual, located on the Court's website at

https://eapps.courts.state.va.us/help/robo/vaces/index.htm#t=VACES.htm.

(c) Service on Other Parties by Email. – An electronic version of any document filed in this

Court pursuant to Rule 5:1B(b) must be served via email on all other parties on the date the

document is filed with the Court or immediately thereafter, unless excused by this Court for good

cause shown. An e-filed document must contain a certificate stating the date(s) of filing and of

email service of the document. For any litigant exempted under Rule 5:1B from the requirement

to file documents electronically, a paper copy of each document filed with the Court must be

served upon all other parties – by mailing, delivery, or another means authorized in Rule 1:12 –

on or before the date of filing, and must contain a certificate stating the date(s) and method(s) of

service.

(d) Technical Problems with Electronic Filing. – A person who files a document electronically

has the same responsibility as a person filing a document in paper form to ensure that the

document is timely and properly filed, complete, and readable. However, if a technical problem

in the operation of the VACES system results in a failure to timely file an electronic document,

counsel must provide to the clerk of this Court on the next business day all documentation that

exists demonstrating the attempt to electronically file the document in the VACES system, any

error message received in response to the attempt, documentation that the document was later

successfully resubmitted, and a motion requesting that the Court accept the resubmitted

document. In the event that filing was not available due to a VACES technical problem during

the last filing hours of a business day, the office of the clerk of the Court is deemed to have been

closed on that day solely with respect to that attempted filing and the provisions of Virginia Code

§ 1-210(B) and (C) apply to that particular attempted filing for purposes of computing the last

day for performing any act in the judicial proceeding or the filing of any legal action.

(e) Copies. – No paper copies are to be filed for any e-filed documents. Where a paper

document is filed by a party who is exempt from e-filing requirements pursuant to Rule 5:1B(b),

only the original document need be filed, and no additional copies thereof may be filed.

(f) Signatures. – All documents filed pursuant to Part Five of these Rules must be signed by

counsel for the filing party, or personally signed if the party is proceeding pro se. Documents

may be digitally signed using an electronic signature.