Is a Cease Order sent via email considered legal?
Full Question:
Answer:
Court orders typically show up on a court docket. The following is a VA Rule of Civil PRocedure:
VIRGINIA RULES OF CIVIL PROCEDURE
Table of Contents
Civil Remedies and Procedure
Definition of certain terms
Forms of writs.
How process to be served.
Process received in time good though neither served nor accepted.
No service of process on Sunday; exceptions.
Plaintiffs required to furnish full name and last known address of defendants
Copies to be made.
To whom process directed and where executed
Sheriff to get from clerk's office process and other papers
Territorial limits within which sheriff may serve process in his official capacity
Manner of serving process upon natural persons
Process on convict defendant.
How process served on domestic corporations generally.
How process served on municipal and county governments
How process served on foreign corporations generally
Service of certain process on foreign or domestic corporations
On whom process served when corporation operated by trustee or receiver
How process served on copartner or partnership.
Process against unincorporated associations or orders, or unincorporated common carriers.
Process against unincorporated associations or orders, or unincorporated common carriers; principal office outside Virginia and business transactions in Virginia.
Definition of terms "motor vehicle" and "nonresident" in motor vehicle and aircraft accident cases.
Service on Commissioner of the Department of Motor Vehicles
Service on Secretary of Commonwealth as agent of nonresident operator or owner of aircraft.
How service made on Commissioner and Secretary; appointment binding.
Continuance of action where service made on Commissioner or Secretary.
Effect of service on statutory agent; duties of such agent.
Specific addresses for mailing by statutory agent.
Service on attorney after entry of general appearance by such attorney.
Service by publication; when available.
What order of publication to state; how published; when publication in newspaper dispensed with.
Within what time after publication case tried or heard; no subsequent publication required.
Publication of interim notice.
Personal service outside of Virginia.
Within what time case reheard on petition of party served by publication, and any injustice corrected.
Return by person serving process.
Return as proof of service.
Service of process or notice on statutory agent
Acceptance of service of process.
Service of process or notice; service on Secretary of Commonwealth.
VA Rules: Rules of Supreme Court of Virginia Rule 3A:12. Subpoena.
CIVIL REMEDIES AND PROCEDURE
DEFINITION OF CERTAIN TERMS
Definition of certain terms for purposes of this chapter; process, return, statutory agent.
For the purposes of this chapter:
1. The term "process" shall be deemed to include notice;
2. The term "return" shall be deemed to include the term "proof of service";
3. The term "statutory agent" means the Commissioner of the Department of Motor Vehicles and the Secretary of the Commonwealth, and the successors of either, when appointed pursuant to law for the purpose of service of process on the nonresident defined in subdivision 2 of § 8.01-307.
(1977, c. 617; 1991, c. 672.)
FORMS OF WRITS.
Subject to the provisions of § 8.01-3, the Supreme Court may prescribe the forms of writs, and where no such prescription is made, the forms of writs shall be the same as heretofore used.
(Code 1950, § 8-43; 1977, c. 617.)
HOW PROCESS TO BE SERVED.
Upon commencement of an action, process shall be served in the manner set forth in this chapter and by the Rules of the Supreme Court.
(Code 1950, § 8-56; 1952, c. 77; 1954, c. 543; 1977, c. 617.)
PROCESS RECEIVED IN TIME GOOD THOUGH NEITHER SERVED NOR ACCEPTED.
Process received in time good though neither served nor accepted Except for process commencing actions for divorce or annulment of marriage or other actions wherein service of process is specifically prescribed by statute, process which has reached the person to whom it is directed within the time prescribed by law, if any, shall be sufficient although not served or accepted as provided in this chapter. (Code 1950, § 8-53; 1977, c. 617; 1987, c. 594; 1988, c. 583.)
NO SERVICE OF PROCESS ON SUNDAY; EXCEPTIONS.
No civil process shall be served on Sunday, except in cases of persons escaping out of custody, or where it is otherwise expressly provided by law.
PLAINTIFFS REQUIRED TO FURNISH FULL NAME AND LAST KNOWN ADDRESS OF DEFENDANTS, ETC.
Upon the commencement of every action, the plaintiff shall furnish in writing to the clerk or other issuing officer the full name and last known address of each defendant and if unable to furnish such name and address, he shall furnish such salient facts as are calculated to identify with reasonable certainty such defendant. The clerk or other official whose function it is to issue any such process shall note in the record or in the papers the address or other identifying facts furnished. Failure to comply with the requirements of this section shall not affect the validity of any judgment.
(Code 1950, § 8-46.1; 1962, c. 10; 1977, c. 617.)
COPIES TO BE MADE.
The clerk issuing any such process unless otherwise directed shall deliver or transmit therewith as many copies thereof as there are persons named therein on whom it is to be served.
(Code 1950, § 8-57; 1977, c. 617.)
TO WHOM PROCESS DIRECTED AND WHERE EXECUTED.
- Process from any court, whether original, mesne, or final, may be directed to the sheriff of, and may be executed in, any county, city, or town in the Commonwealth.
(Code 1950, § 8-44; 1954, c. 333; 1977, c. 617.)
WHO TO SERVE PROCESS.
A. The following persons are authorized to serve process:
1. The sheriff within such territorial bounds as described in § 8.01-295; or
2. Any person of age eighteen years or older and who is not a party or otherwise interested in the subject matter in controversy. Whenever in this Code the term "officer" or "sheriff" is used to refer to persons authorized to make, return or do any other act relating to service of process, such term shall be deemed to refer to any person authorized by this section to serve process.
B. Notwithstanding any other provision of law (i) only a sheriff may execute an order or writ of possession for personal, real or mixed property, including an order or writ of possession arising out of an action in unlawful entry and detainer or ejectment; (ii) any sheriff or law-enforcement officer as defined in § 9-169 of the Code of Virginia may serve any capias or criminal show cause order; and (iii) only a sheriff, the high constable for the City of Norfolk or Virginia Beach or a treasurer may levy upon property.
(Code 1950, §§ 8-52, 8-54; 1954, c. 543; 1960 c. 16, 1968, c. 484, 1977, c. 617, 1981, c. 110, 1986, c. 275; 1996, cc. 501, 608: 1997, c. 820.)
Case Note:
Where nothing in the record established that process server was qualified to serve process under Virginia's procedural requirements, service of process was invalid, and the court did not acquire personal jurisdiction over defendant. Harrel v. Preston, 15 Va.App. 202, 421 S.E.2d 676 (1992).
SHERIFF TO GET FROM CLERK'S OFFICE PROCESS AND OTHER PAPERS; RETURN OF PAPERS.
Every sheriff who attends a court shall, every day when the clerk's office is open for business, go to such office and receive all process, and other papers to be served by him, and give receipts therefor, unless he has received notice from a regular employee of the clerk's office that there are no such papers requiring service and shall return all papers within seventy-two hours of service, except when such returns would be due on a Saturday, Sunday, or legal holiday. In such case, the return is due on the next day following such Saturday, Sunday, or legal holiday.
(Code 1950, § 8-49; 1954, c. 545; 1977, c. 617; 1978, c. 831.)
TERRITORIAL LIMITS WITHIN WHICH SHERIFF MAY SERVE PROCESS IN HIS OFFICIAL CAPACITY;
Territorial limits within which sheriff may serve process in his official capacity; process appearing to be duly served. The sheriff may execute such process throughout the political subdivision in which he serves and in any contiguous county or city. If the process appears to be duly served, and is good in other respects, it shall be deemed valid although not directed to an officer, or if directed to any officer, though executed by some other person. This section shall not be construed to require the sheriff to serve such process in any jurisdiction other than in his own.
(Code 1950, § 8-50; 1977, c. 617; 1982, c. 674.)
MANNER OF SERVING PROCESS UPON NATURAL PERSONS.
In any action at law or in equity or any other civil proceeding in any court, process, for which no particular mode of service is prescribed, may be served upon natural persons as follows:
1. By delivering a copy thereof in writing to the party in person; or
2. By substituted service in the following manner:
a. If the party to be served is not found at his usual place of abode, by delivering a copy of such process and giving information of its purport to any person found there, who is a member of his family, other than a temporary sojourner or guest, and who is of the age of sixteen years or older; or
b. If such service cannot be effected under subdivision 2 a, then by posting a copy of such process at the front door or at such other door as appears to be the main entrance of such place of abode, provided that not less than ten days before judgment by default may be entered, the party causing service or his attorney or agent mails to the party served a copy of such process and thereafter files in the office of the clerk of the court a certificate of such mailing. In any civil action brought in a general district court, the mailing of the application for a warrant in debt or affidavit for summons in unlawful detainer or other civil pleading or a copy of such pleading, whether yet issued by the court or not, which contains the date, time and place of the return, prior to or after filing such pleading in the general district court, shall satisfy the mailing requirements of this section. In any civil action brought in a circuit court, the mailing of a copy of the pleadings with a notice that the proceedings are pending in the court indicated and that upon the expiration of ten days after the giving of the notice and the expiration of the statutory period within which to respond, without further notice, the entry of a judgment by default as prayed for in the pleadings may be requested, shall satisfy the mailing requirements of this section and any notice requirement of the Rules of Court. Any judgment by default entered after July 1, 1989, upon posted service in which proceedings a copy of the pleadings was mailed as provided for in this section prior to July 1, 1989, is validated.
c. The person executing such service shall note the manner and the date of such service on the original and the copy of the process so delivered or posted under subdivision 2 and shall effect the return of process as provided in §§ 8.01-294 and 8.01-325.
3. If service cannot be effected under subdivisions 1 and 2 of this section, then by order of publication in appropriate cases under the provisions of §§ 8.01-316 through 8.01-320.
(Code 1950, § 8-51; 1954, c. 333; 1977, c. 617; 1989, cc. 518, 524; 1990, cc. 729, 767; 1996, c. 538.)