Virginia courts
What is the deadline for answer after waiving service in an ordinary Virginia circuit-court case?
The period for answer after waiving service in an ordinary Virginia circuit-court case normally runs 60 calendar days from the date the request for waiver of service was sent to a defendant addressed within Virginia, under Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C). If the final day is a Saturday, Sunday or Virginia legal holiday, the computation rule carries it to the next day that is not. Virginia legal holidays for 2026 and 2027 are applied; a local court closure or a holiday declared by the Governor or the President can extend the deadline further.
- Period
- 60 calendar days
- Trigger
- The date the request for waiver of service was sent to a defendant addressed within Virginia
- Rule
- Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C)
Virginia rules as encoded, 2026 and 2027 legal holidays bundled
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Which date starts the 60-day period?
The period runs from the date the request for waiver of service was sent to a defendant addressed within Virginia.
For Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C), count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read Virginia Judicial System rules of courtor if service of the summons has been timely waived on request under Code § 8.01-286.1, within 60 days after the date when the request for waiver was sent, or within 90 days after that date if the defendant was addressed outside the Commonwealth.
Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C)
This period runs from the specific event in the cited rule. Do not substitute a nearby date such as a hearing, a courtesy copy or the day you first learned of it. Confirm that event before applying Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C).
Which date do I enter?How are the 60 calendar days counted?
- Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C). Exclude the day of the trigger event.
- Count every following day, including intermediate Saturdays, Sundays and legal holidays.
- If the last day is a Saturday, Sunday or Virginia legal holiday, continue to the next day that is not one of those.
The Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C) record uses this method. Exclude the trigger day and count calendar days under Va. Code § 1-210 and Va. Sup. Ct. R. 1:7.
For Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C), if the final day is a Saturday, Sunday or Virginia legal holiday, the computation rule carries it to the next day that is not. Virginia legal holidays for 2026 and 2027 are applied; a local court closure or a holiday declared by the Governor or the President can extend the deadline further.
The supporting computation provision for Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C) adds this boundary. Virginia computes time under Va. Code § 1-210 and Va. Sup. Ct. R. 1:7. The calculator applies Virginia legal holidays for 2026 and 2027. A local court closure, an emergency closure or a holiday declared by the Governor or the President is not bundled and can extend the deadline.
Read Va. Code § 1-210 and Va. Sup. Ct. R. 1:7The calculation applies the ordinary method recorded for Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C). Check applicable holidays, court accessibility and the filing cutoff separately.
Review the filing checklistWhat does a worked calculation look like?
Fictitious example
Assume the date the request for waiver of service was sent to a defendant addressed within Virginia on Tuesday, September 1, 2026 (the date the request for waiver of service was sent to a defendant addressed within Virginia on this date, with no order, motion or extension affecting the period), with no order, motion, extension or local closure affecting the result. Exclude the trigger day and count calendar days under Va. Code § 1-210 and Va. Sup. Ct. R. 1:7. The last counted day falls on a weekend or legal holiday, so the deadline moves to the next open day. The example assumes no local rule, order or closure changes the ordinary period under Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C).
| Step | What is counted | Date |
|---|---|---|
| Trigger | Do not count this day | September 1, 2026 |
| Day 1 | Start counting calendar days | September 2, 2026 |
| Day 60 | Last counted day falls on a weekend or legal holiday | October 31, 2026 |
| Adjusted | Next day that is not a weekend or legal holiday | November 2, 2026 |
Can an order, motion or extension change the deadline?
- Extensions
- The waiver must be effective and the domestic branch must apply. The calculator does not decide those conditions.
- Orders and local rules
- A scheduling order, approved stipulation, standing order or local rule can control over the ordinary period described by Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C).
- The waiver must be effective and the domestic branch must apply. The calculator does not decide those conditions.
- A stipulation, scheduling order, standing order or local rule can control over the ordinary period described by Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C).
What should I check before filing?
Common questions
Starting the clock
Does the clock start on the date the request for waiver of service was sent to a defendant addressed within Virginia, or when I first learned of it?
Under Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C), the period runs from the date the request for waiver of service was sent to a defendant addressed within Virginia, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.
Counting days and filing
Is it 60 calendar days or business days?
For Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C), count calendar days, including intermediate weekends and holidays. If the final day is a Saturday, Sunday or legal holiday, Va. Code § 1-210 and Va. Sup. Ct. R. 1:7 carries it forward as provided by that rule.
Va. Code § 1-210 and Va. Sup. Ct. R. 1:7Which time zone and filing cutoff apply?
Virginia filing rules and the court’s electronic filing system set the cutoff. This calculator does not verify filing hours or system availability. Confirm that boundary before relying on a Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C) result.
Va. Code § 1-210 and Va. Sup. Ct. R. 1:7What if the court is inaccessible on the last day?
Va. Code § 1-210 and Va. Sup. Ct. R. 1:7 and the court’s administrative orders govern an inaccessible clerk’s office. Check the court’s notices. This calculator does not predict a closure. This check remains separate from the ordinary Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C) count.
Va. Code § 1-210 and Va. Sup. Ct. R. 1:7Extensions and local rules
Can the court extend this deadline?
The waiver must be effective and the domestic branch must apply. The calculator does not decide those conditions. A request does not itself extend the period under Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C), and no discretionary extension is calculated here.
Do local rules, standing orders or a scheduling order change the date?
They can. A local rule, standing order or case-specific order can control over the ordinary period calculated under Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C). Compare the result with every applicable order before relying on it.
Choosing the right calculator
Does this calculator decide whether the rule applies to my case?
No. It calculates a period from the date you provide under Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C). It does not decide whether the rule governs your filing, whether an exception applies, or whether the filing has merit.
Can I calculate the deadline without an account?
Yes. Enter the trigger date to see the free calculation under Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C), including the citation, counting steps and warnings. Court-specific facts can keep a result provisional.
Results, records and your case
What is included in an Evidence Record?
An eligible Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C) record retains the inputs, result, cited rule, calculation working, warnings and review state. It records that calculation and its fingerprint, not a guarantee of legal correctness.
Does saving to a case activate the calendar?
Not automatically. A provisional Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C) result remains subject to review, and a separately labeled manual date does not alter the original calculation.
Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Va. Sup. Ct. R. 3:8(a); Va. Code § 8.01-286.1(C) | Trigger and period |
| Va. Code § 1-210 and Va. Sup. Ct. R. 1:7 | Counting, holidays and the last day |