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Aguilera v. Christian
Citations: 699 S.E.2d 517; 280 Va. 486Docket: 091493
Court: Supreme Court of Virginia; September 16, 2010; Virginia; State Supreme Court
Original Court Document: View Document
A party acting pro se cannot authorize an unlicensed individual to sign legal documents on their behalf. In the case of Benjamin Aguilera v. John Andrew Christian, Aguilera filed a personal injury complaint without his own signature, having his neighbor B. Marian Chou sign it instead. Christian contested the validity of the signature through Requests for Admission, which Aguilera's attorney objected to on grounds of relevance and privilege. However, Aguilera ultimately stipulated that Chou signed his name and drafted the complaint. The trial court ruled that the complaint was invalid as it did not comply with Virginia’s Code 8.01-271.1 and Rule 1:4, which require that pleadings be signed by the party or an attorney licensed in Virginia. The court emphasized that a representative's signature would be a nullity unless that representative is a licensed attorney. Aguilera's argument that he had authorized Chou's signature was rejected, leading to the dismissal of his complaint. The appellate court affirmed the trial court's decision, upholding the requirement that pleadings must be signed by the party or a licensed attorney.