FAIRFAX CIRCUIT COURT
ATTORNEY PREPARED 21 DAY SUMMONS
New Process for 21 day Attorney Prepared Summons
Effective October 31, 2011 attorneys will be allowed to prepare their own 21 day summons in Domestic cases. The summons will be filed at the same time the initial case is filed. Sheriff’s fees will continue to be collected by the Clerk’s Office as part of the initial filing fees if service is request through the sheriff.
NOTE: It is suggested that you or someone from your office appear at the Civil Intake counter prior to 3:00 p.m. to file any case with attorney prepared summons.
TYPES OF 21 day SUMMONS:
(Fillable forms located on the Fairfax Bar Association website)
There are three (3) different fillable forms for 21 day summons.
• Sheriff Service
• Special Process Service
• Notary Acceptance
The same basic information needs to be included in each. Once a name is indexed that information will be populated elsewhere on the form.
• Plaintiff Name
• Defendant Name
• Defendant Address
• Attorney Name
• Case Type (e.g. Divorce)
Exceptions: The following types of summons will require additional information.
• Sheriff Services
o Jurisdiction of the Sheriff at address where service is to be made
PROCEDURES:
• Attorney files:
o Divorce Complaint (original plus 2 copies for service)
o Filing fees
o 21 day Summons (original plus 2 copies) (original on blue paper)
▪ Original for Sheriff
▪ (1) date/file stamped copy for attorney’s file
▪ (1) date/file stamped copy for Circuit Court file
• Intake Clerk: (While attorney is waiting)
o Reviews documents to make sure everything is in proper form
o Date/File stamps documents (originals & copies)
o Assigns CL case number
o Adds CL case number to complaint & 21 day summons (originals & copies)
NOTE: Summons’ are 2 pages - case number required on each page
o Receipts fees (initial filing fee and any service fees)
o Attaches copy of initial complaint to original (blue) 21 day summons
o Deputy Clerk signs original (blue) 21 days summons & initials copies
▪ If attorney wants to take 21 days summons to Sheriff
• Give attorney:
o Original (blue) 21 day summons with attachments
(Signed by Deputy Clerk)
o (1) date/file stamped copy of 21 day summons
(Initialed by Deputy Clerk)
o Copy of receipt indicating service fee is PAID
▪ If attorney wants Clerk’s Office to take 21 days summons to Sheriff
• Give attorney:
o (1) date/file stamped copy of 21 day summons
(Initialed by Deputy Clerk)
• Intake Clerk: (After attorney has gone)
o Places original (blue) 21 days summons (signed by Deputy Clerk) with attachment in box for delivery to Fairfax Sheriff’s Department
▪ Civil Intake delivers Fairfax Sheriff services to Sheriff’s Department by 9:00 a.m. daily
▪ Civil Intake mails Sheriff services daily to other Virginia jurisdictions
o Completes data entry of case in FullCourt
o Indexes “attorney prepared service” on SERVICE screen in FullCourt
o Places completed file on Proofing shelf
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