Virginia procedural guides

Plain-English guides to the Rules of the Supreme Court of Virginia, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Responding to a Virginia complaint: 21 days, no general denial, and default that waives your juryVirginia gives 21 days to respond. Missing it puts you in default automatically — and a defendant in default is deemed to have waived the right to a jury trial.
• Virginia discovery deadlines: 21 days — the shortest in the countryVirginia gives 21 days to answer interrogatories, document requests and requests for admission, with 28 days for a defendant served at the outset. No other system we cover is shorter.
• Virginia's 21-day rule: the day the trial court loses your caseVirginia Rule 1:1 gives a trial court just 21 days after entry to modify, vacate or suspend a final judgment — after which its jurisdiction ends, whatever the merits.
• The Virginia nonsuit: one as of right, and the moment it expiresVirginia Code § 8.01-380 gives a plaintiff one nonsuit as a matter of right — but only before the evidence is struck, the jury retires, or the case is submitted to the court.
• The Virginia demurrer: state every ground, because unstated ones are not consideredVirginia Code § 8.01-273 requires a demurrer to state specifically the grounds relied on — and provides that no other grounds shall be considered by the court.
• Virginia garnishment: the exemption form must be attached, or no summons may issueVirginia bars a garnishment summons from being issued or served unless a notice of exemptions and claim for exemption form is attached — and a non-compliant summons is void.
• The Virginia motion to quash service: file it before or with your first pleadingVa. Code § 8.01-277 lets a defendant attack a defect in the issuance, service or return of process — but only by a motion filed before or simultaneously with any pleading to the merits.
• Setting aside a Virginia default judgment: three windows, and the last one has no excusable neglectVirginia gives good cause before judgment and a flexible standard for 21 days after — but once Rule 1:1 expires, § 8.01-428 allows only four narrow grounds.
• Virginia summary judgment: you usually cannot use the deposition you just tookVirginia Rule 3:20 bars a summary judgment motion based on discovery depositions unless all parties agree — with narrow exceptions for punitive damages and business-to-business cases.
• The Virginia motion to compel: get the discovery, then remember you may not be able to use itVirginia Rule 4:12 requires a good faith certification and makes fees mandatory both ways — but Rule 3:20 bars most of what you obtain from supporting summary judgment.

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