(a) Expiration of Court’s Jurisdiction. — All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer. The date of entry of any final judgment, order, or decree is the date it is signed by the judge either on paper or by electronic means in accord with Rule 1:17.
Rule 1:1.Finality of Judgments, Orders and Decrees.
Part One: General Rules Applicable to All Proceedings · Last amended 2022 · Last verified July 16, 2026
In one sentenceRule 1:1 sets the twenty-one-day window in which a trial court keeps authority over a final judgment, order, or decree, defines what makes a ruling final, and explains when rulings on demurrers, pleas in bar, summary judgment, and motions to strike count as final dispositions.
Full Text of Rule 1:1
(b) General Rule: Orders Deemed Final. — Unless otherwise provided by rule or statute, a judgment, order, or decree is final if it disposes of the entire matter before the court, including all claim(s) and all cause(s) of action against all parties, gives all the relief contemplated, and leaves nothing to be done by the court except the ministerial execution of the court's judgment, order, or decree.
(c) Demurrers. — An order sustaining a demurrer or sustaining a demurrer with prejudice or without leave to amend is sufficient to dispose of the claim(s) or ca use(s) of action subject to the demurrer, even if the order does not expressly dismiss the claim(s) or cause(s) of action at issue. An order sustaining a demurrer and granting leave to file an amended pleading by a specific time is sufficient to dispose of the claim(s) or cause(s) of action subject to the demurrer, if the amended pleading is not filed within the specific time provided, even if the order does not expressly dismiss the claim(s) or cause(s) of action at issue.
(d) Pleas in Bar and Motions for Summary Judgment. — An order sustaining a plea in bar or sustaining a plea in bar with prejudice or without leave to amend is sufficient to dispose of a claim(s) or cause(s) of action subject to the plea in bar, as is an order granting a motion for summary judgment, even if the order does not expressly dismiss the claim(s) or cause(s) of action at issue or enter judgment for the moving party.
(e) Motions to Strike. — In a civil case, an order which merely grants a motion to strike, without expressly entering summary judgment or partial summary judgment or dismissing the claim(s) or cause(s) of action at issue, is insufficient to dispose of the claim(s) or cause(s) of action at issue.
Plain-English Summary
Rule 1:1 marks the moment a trial court loses power over its own judgment. Once a court enters a final judgment, order, or decree, the court can still modify, vacate, or suspend it for twenty-one days — and after that, its authority ends, no matter how many terms of court pass. The date of entry is the date the judge signs the order, whether on paper or electronically under Rule 1:17.
A ruling counts as final under this rule when it disposes of the entire matter before the court: every claim, every cause of action, against every party, with all the requested relief granted and nothing left for the court to do except carry out its own judgment. That standard applies unless another rule or statute says otherwise.
The rule then works through four recurring situations. An order sustaining a demurrer — with or without leave to amend — disposes of the claim even if the order never says “dismissed,” and if the court gave leave to amend by a set date, the order becomes final the moment that date passes without an amended pleading. The same logic applies to an order sustaining a plea in bar or granting summary judgment: the order disposes of the claim even without express dismissal language. A motion to strike works differently. Granting one does not, on its own, dispose of anything — the court must expressly enter summary judgment, partial summary judgment, or dismiss the claim before the ruling becomes final.
Frequently Asked Questions
How long does a Virginia trial court have to change a final judgment?
Twenty-one days from the date of entry. After that window closes, the court loses authority to modify, vacate, or suspend the judgment, regardless of how many terms of court have passed.
What counts as the “date of entry” for a judgment?
The date the judge signs the judgment, order, or decree — whether on paper or by electronic means under Rule 1:17. That signature date starts the twenty-one-day clock, not the date it is mailed or docketed.
Is an order sustaining a demurrer final even if it does not say the case is dismissed?
Yes. Under Rule 1:1(c), an order sustaining a demurrer — with prejudice, without leave to amend, or with leave to amend by a specific deadline that later passes unmet — disposes of the claim even though it never uses the word “dismissed.”
Does granting a motion to strike the evidence end the case?
Not by itself. Rule 1:1(e) says an order that merely grants a motion to strike, without expressly entering summary judgment or dismissing the claim, does not dispose of it. The court has to take the further step of entering judgment.
What makes a judgment “final” under Rule 1:1?
It must dispose of the entire matter before the court — every claim and cause of action against every party — grant all the relief sought, and leave nothing for the court to do except carry out the judgment, unless a rule or statute provides otherwise.
Amendment History
Last amended by Order dated November 1, 2021; effective January 1, 2022.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as: 21 day rule Virginiafinality of judgment Virginiawhen is a judgment final Virginiamotion to strike summary judgment Virginiamodifying a final order Virginia circuit courtRule 1:1 Virginia