John T. Frey,
Clerk of the 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.
Yes. See the FSX site, for more details.
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.
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.
In-person or by mailing them to Fairfax Circuit Court, 4110 Chain Bridge Road, Suite 320, Fairfax, VA 22030.
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.
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.
Yes. For live, technical support from FSX call 1-888-529-7587.
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.
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.
You may e-sign your pleading in any manner that comports to the Rules of the Virginia Supreme Court.
Yes. Notarized or e-notarized documents, are eligible for eFiling submission.
No. The $5 fee for eFiling and eService is per transaction, not per document.
Yes, please go to www.fileandservexpress.com/Fairfax-va/ to see a schedule of training opportunities and resources.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.”
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.
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.
This is an optional FSX service; the fee is $2 per transaction.
The Note to Clerk section allows you to communicate with the Clerk’s Office just as if you were standing at our counter.
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.
12000 Government Center Pkwy
Fairfax, VA 22035