Circuit Court

Fairfax County, Virginia

CONTACT INFORMATION: Our office is open 8AM-4PM Monday-Friday

4110 Chain Bridge Road
Fairfax, VA 22030

John T. Frey,
Clerk of the Court

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Electronic Filing of Civil Court Records

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Frequently Asked Questions

Can I eFile Civil Pleadings in my case with Fairfax Circuit Court?

Yes, beginning May of 2022, existing Divorce, Contract and Personal Injury cases can be eFiled using File & ServeXpress (FSX). Other Civil cases will be added in the summer of 2022.

Is there a cost for using the FSX eFiling portal for Fairfax?

Yes. See the FSX site, for more details.

Can I just use my regular computer to register and file with FSX eFiling portal for my case(s) in Fairfax Circuit Court?

Yes. Establishing your eFiling account is easy and requires no special technology. Internet access allows you to upload pleadings and other documents in Word or as a PDF, to the FSX portal for e-submission to the Fairfax Circuit Court Clerk’s Office.

Is eFiling mandatory?

No. You can still file your pleadings in-person at the courthouse, by courier service or mail.
NOTE: Oversized documents or certain other filings may be best suited for submission in-person, at the Courthouse.

If I have oversized documents as attachments to my pleading, how can I submit them?

In-person or by mailing them to Fairfax Circuit Court, 4110 Chain Bridge Road, Suite 320, Fairfax, VA 22030.

What is the benefit of eFiling, over mailing my pleadings and motions?

It is a timesaver. You will promptly receive a file-stamped copy. Also, you enjoy the ability to e-serve your filed document through the FSX portal immediately.

Can I eFile after court business hours?

Yes. FSX eFiling Portal is available 24/7/365, including holidays.
NOTE: The Clerk’s Office still observes the 8am-4pm Monday through Friday schedule, and the clerk review of your eFiling will occur during those hours. The Rules of the Supreme Court, Rule 1:17 apply to weekend and holiday submissions.

Can I speak with a live human being, if I need help with an eFiling?

Yes. For live, technical support from FSX call 1-888-529-7587.

Can I perfect service of process electronically with FSX?

No. Service of Process has not changed in Virginia. But, thereafter (for service of case papers/notice) you can alert opposing parties, clients, or other interested parties that you have eFiled a pleading, making your motions practice easier.

How will the 1-week and 2-week Civil Motions practice be impacted by eFile?

It has improved. We now offer easier-to-use, fillable 1-week and 2-week praecipe forms as well as the Virtual Hearing praecipe form available for your completion, signature and e-submission. You can meet your Notice requirements to the opposing party with the FSX eFiling Portal Service feature.

How do I sign a pleading for eFiling?

You may e-sign your pleading in any manner that comports to the Rules of the Virginia Supreme Court.

If a document requires notarization, will that be possible to eFile through FSX?

Yes. Notarized or e-notarized documents, are eligible for eFiling submission.

If I must file multiple, related pleadings at one time, will I be charged per document?

No. The $5 fee for eFiling and eService is per transaction, not per document.

Does FSX offer live and interactive training on how to use the FSX eFiling Portal?

Yes, please go to www.fileandservexpress.com/Fairfax-va/ to see a schedule of training opportunities and resources.

Is it required that both the Plaintiff and Defendant in a suit need Counsel to use the FSX eFiling Portal?

No.

Can sensitive medical records be a part of an eFiling transaction?

Yes. As the eFiler, you have the ability to mark your eFiled documents as “sealed”. The Clerk’s Office will have the ability to assess the sealed designation during its Clerk Review.

What about signatures on Word Documents?

Under the still governing Judicial Emergency Orders, electronic signatures are permissible for all case papers (efiled or not). Some lawyers elect to paste-in a picture of their electronic signature, still others elect to type their signature in a “script” font of their choosing.
Note: the FSX system will automatically convert any Word document you attach, into a PDF, before the transaction is passed to the Court.

Will eFilers be able to see the documents in the file when we pull up the case?

Yes, through a data and image interface, all the images of documents already filed in your case will be visible when you type in a case number to which you are associated.

Will subscribers be able to see all activity on a file?

Inside FSX, you will see all case activity, including all document images for everything filed in the case to date. FSX subscribers, who are not a party to the case, can search and review non-sealed cases for a search fee charged by FSX.

What is the difference between CPAN’s search functions and the FSX ability to search images?

Fairfax’s Court Public Access Network (CPAN) is the clearinghouse for all the Court’s public information and records. On CPAN, subscribers have access to our court-side case management system called “FullCourt” (or shortened form “FCE"). At this time, only the index data (called the “Registers of Action”) are searchable on CPAN for the court-side of the house. The other side, including real estate and public records information, offers both indices and images of  documents. These include images of marriage licenses, deeds, judgments, probate records, among many others.

Will we be able to see a copy of our "file stamp copy" immediately which bears the date-stamp?

No. The Clerk’s Office must conduct its review process in order to apply the “time-stamp” electronic stamp, that you see as a “file stamp copy” from the counter. Timing matters here. If you eFile after court hours, inevitably it will be the next business day that the clerk reviews the filing.

If an efiling is rejected for some reason, is there still a $5.00 charge?

No.

Should exhibits be filed separately from the main document, i.e., filed as supporting documents, instead of leading documents?

As at the counter, Appendix/Tabs/Exhibits are part of the parent/main pleading. We generally do not file-stamp exhibits/tabbed elements of a pleading; in the digital world it should be no different unless file size becomes an issue.

What is the “client identifier” and can I use letters & numbers?

The “client identifier” field is a required field in FSX. This is where you should enter the reference information you use to keep track of costs incurred representing your client (the reference information you use when billing your time to a client). The information you enter will appear on your invoice, and you may enter any character(s) found on your keyboard (alpha, numeric, or special).

I logged into FSX and located my case, but I cannot find my name in the attorney drop-down field. What am I doing wrong?

If you are not listed in the "Authorizing Attorney" section of your filing, you are not setup correctly in FSX. Your firm’s FSX Administrator should make sure you are coded as an attorney with a Bar number in your profile. If you are setup as an attorney, you may need to file an appearance (which you can do on FSX). Please contact FSX at 888-529-7587, which is a 24/7 helpline, if you need further assistance in such a situation.

If I have a protective order on a case, can I designate it as “Sealed” on the FSX portal before submitting the transaction?

Yes, if you have a Court Order, or if the case is a case-type that earns confidential status by the Code of Virginia, you have legal authority to designate each document you upload as "sealed." You should select the “sealed, electronic” option under the Access section for each document you add to your filing. Inside FSX, for eFiling purposes, each document you upload, can be “sealed.”

What if I forget to designate the transaction (properly) as “Sealed”?

While attorneys have the obligation to properly ask for seal (where appropriate) and must designate the documents as “Sealed”, once filed, the Clerk’s Office has our own obligation to the litigants if their case is sealed by the Code of Virginia or by Court Order. An eFiler who discovers they submitted without the proper "Sealed" designation, can promptly call our office at 703-246-4111. Both the lawyer, and the Clerk’s Office must remain vigilant in applying appropriate public access treatment to documents that earn confidentiality under Virginia law or Court Order.

If my firm and I are coming in as new/substituted counsel, for a different firm that has withdrawn from the matter, can I eFile my Notice of Appearance?

Yes, simply find the case inside FSX by the case number and enter/eFile your Notice of Appearance. Feel free to reach out to FSX at 888-529-7587 if you need assistance with making a filing.

How much is the “read receipt” function that shows me if/when opposing counsel has received and opened my eService?

This is an optional FSX service; the fee is $2 per transaction.

Does the Note to Clerk function allow me to route the pleading to the Judge?

The Note to Clerk section allows you to communicate with the Clerk’s Office just as if you were standing at our counter.

Can I use the Note to Clerk function to alert the Clerk’s Office to a new office address?

No, the Note to Clerk function is less formal a request than a praecipe. For formal requests, like changing a firm address or changing an email address, please use our normal practice of sending a letter or praecipe. The Note to Clerk function would be the wrong method for seeking a system-level change in contact information.

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