Supreme Court of Virginia
Shipe v. Hunter
September 16, 2010280 Va. 480
Summary
The Supreme Court of Virginia affirmed the circuit court’s dismissal because the complaint was not signed by a Virginia‑licensed attorney or the pro se plaintiff, and because the missing signature defect could not be cured by amendment. The Court also held that a Virginia lawyer may not delegate his signature to an out‑of‑state lawyer.
Holding
- Whether a Virginia lawyer may validly authorize an out‑of‑state lawyer to sign the Virginia lawyer’s name on a pleading filed in Virginia.. A Virginia lawyer may not delegate his signature to an out‑of‑state lawyer; a pleading signed only by a person not licensed to practice law in Virginia is a nullity.
- Whether the defect of a missing Virginia‑licensed attorney signature can be cured by amendment under the relation‑back provisions of Code §§ 8.01‑6 through ‑6.2.. The missing signature cannot be cured by amendment because supplying a missing signature is not one of the three relation‑back situations authorized by Code §§ 8.01‑6 through ‑6.2.
Docket 091738
Cited authorities
- Rule 3.1