1. $350.00 filing fee (unless in forma pauperis filing is granted by Court order).
2. Civil Cover Sheet (JS-44-C).
   (Only one civil cover sheet is needed, regardless of the number of defendants.)
3. Original Complaint. (For Clerk's official file)
4. One copy of complaint for each defendant and one for the assigned Judge
   (Copies for defendant(s) will be returned to you for service once case is filed.)
5. Original summons plus copy for each defendant if Option 1 below is used. If Option 2 is used, form not needed by Clerk's office until the waiver is executed by the defendant(s).

Upon receipt of a new complaint, the Clerk will file same. A copy of the complaint for each defendant will be returned to the attorney/litigant for him/her to proceed in having service completed, unless in forma pauperis filing is granted. Upon request, service will be effected by the U.S. Marshal's Office if in forma pauperis status has been granted. THE CLERK MUST RECEIVE NOTICE WITHIN 120 DAYS THAT SERVICE WAS EFFECTED OR ATTEMPTED UPON EACH DEFENDANT(S). Effective December 1, 1993, two copies are now available re: service--Option 1 /Service of Summons w/ complaint and Option 2 /Waiver of Service of Summons with Complaint. See outline below as to each option.

Service of the Summons and Complaint may be effected by any person who is not a party and at least 18 years of age. Also service may be effected by a U.S. Marshal or Deputy U.S. Marshal if directed to do so by theCourt, or other persons or officers specially appointed by the court for purposes of service. A listing of private process servers who have been appointed to serve process within the W/D of Virginia is available upon request from the Clerk's Office. Service of the Summons and Complaint by mail , except upon the U.S., is no longer considered to be proper service. Service of the Summons and Complaint upon the U.S. and its agencies, corporations, or officers is still required and should be effected upon each as follows: U.S. Attorney - Personal service required upon U.S. Attorney, Asst. U.S. Attorney, or designated clerical employee (Norma Burton/primary or Dee Rivers/secondary) or a copy of the summons and complaint may be sent by registered/certified mail addressed to the designated clerical employee; Attorney General - Send by certified/registered mail; Agency/Officer - Send by certified/registered mail.

When a suit is filed against the federal government, service must be made upon the U.S. Attorney (P.O. Box 1709, Roanoke, VA 24008-1709), Attorney General of the U.S. (U.S. Department of Justice, Washington, DC 20530), and the Government Agency being sued.

This option is not available for service upon the federal government. Waiver of service replaces the "Service by Mail" provision. Service under this option can be effected by the plaintiff (pro se) or plaintiff's attorney forwarding the following to defendant(s) by first-class mail or other reliable means: Completed Notice and Request For Waiver (Form AO398) in duplicate; Waiver Of Service (Form AO399) in duplicate; prepaid means of compliance in writing (self-addressed return envelope with prepaid postage) addressed to sender; and filed stamped copy of Complaint. Please not that Forms AO398 and AO399 replace Form 18-A (Notice and Acknowledgment Form). These forms are not presented to the Clerk's Office at the time the case is filed. Upon receipt of the executed waiver (Form AO399) from the defendant, plaintiff (pro se) or plaintiff's attorney should forward the form bearing the original signature to the Clerk's office for filing.

The Clerk's Office will be happy to assist you in any way to assure prompt service of your paperwork. Blank forms are available in all of our offices.