(a) When Available. — When claims for relief are presented in a civil action against multiple parties — whether in a complaint, counterclaim, cross-claim, or third-party claim — the trial court may enter final judgment as to one or more but fewer than all of the parties only by entering an order expressly labeled "Partial Final Judgment" which contains express findings that (i) the interests of such parties, and the grounds on which judgment is entered as to them, are separate and distinct from those raised by the issues in the claims against remaining parties, and (ii) the results of any appeal from the partial final judgment cannot affect decision of the claims against the remaining parties, and (iii) decision of the claims remaining in the trial court cannot affect the disposition of claims against the parties subject to the Partial Final Judgment if those parties are later restored to the case by reversal of the Partial Final Judgment on appeal.
Rule 1:2.Appeal From Partial Final Judgment in Multi-Party Cases.
Part One: General Rules Applicable to All Proceedings · Last amended 2022 · Last verified July 16, 2026
In one sentenceRule 1:2 lets a trial court in a multi-party case enter a “Partial Final Judgment” against some but not all parties if the order finds the claims separate and any appeal without effect on the rest, and it starts the appeal clock while barring appeal from a refusal to enter one.
Full Text of Rule 1:2
(c) Refusal of Partial Final Judgment. — No appeal will lie from a refusal by the trial court to enter a Partial Final Judgment under this Rule.
(d) Other Dispositions Adjudicating Claims Against Fewer than All Parties. — In the absence of the entry of a Partial Final Judgment order as provided in subparagraph (a) of this Rule, any order which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties in the action is not a final judgment.
Former Rule 5:8A, promulgated by Order dated April 30, 2010; effective July 1, 2010. Relocated and renumbered as Rule 1:2 by Order dated November 1, 2016; effective January 1, 2017.
Plain-English Summary
Rule 1:2 addresses a problem particular to cases with multiple parties: normally, an order that resolves claims against some but not all parties is not final and cannot be appealed. This rule creates a narrow exception. When claims are pending against multiple parties — through a complaint, counterclaim, cross-claim, or third-party claim — the trial court may enter judgment as to one or more, but fewer than all, of them by entering an order expressly labeled “Partial Final Judgment.” That order must make three express findings: the interests and grounds for judgment are separate and distinct from the claims against the remaining parties; an appeal from the partial judgment cannot affect how the remaining claims are decided; and deciding the remaining claims cannot affect the disposition of the parties covered by the partial judgment, even if those parties are later restored to the case by a reversal on appeal.
Entering a Partial Final Judgment order starts the clock for filing a notice of appeal under Rule 5A:6, subject to Rule 1:1 and the other Rules of Court. If the trial court refuses to enter a Partial Final Judgment, that refusal cannot itself be appealed. And absent an order that meets this rule’s requirements, any order that resolves fewer than all the claims or fewer than all the parties’ rights and liabilities remains non-final and unappealable.
Frequently Asked Questions
Can I appeal a judgment against one defendant while claims against other defendants are still pending?
Only if the trial court enters an order expressly labeled “Partial Final Judgment” that makes the three findings Rule 1:2(a) requires — that the interests and grounds are separate and distinct, that an appeal cannot affect the remaining claims, and that deciding the remaining claims cannot affect the parties subject to the partial judgment.
What happens if the trial court declines to enter a Partial Final Judgment?
Rule 1:2(c) says no appeal lies from a trial court’s refusal to enter a Partial Final Judgment order. The case continues toward a single final judgment covering all parties.
When does the appeal clock start running after a Partial Final Judgment is entered?
Entry of the Partial Final Judgment order starts the period for filing a notice of appeal under Rule 5A:6, subject to Rule 1:1 and the other Rules of Court.
Is an order that resolves claims against only some parties automatically final?
No. Rule 1:2(d) makes clear that, absent a proper Partial Final Judgment order, any order adjudicating fewer than all the claims or fewer than all the parties’ rights and liabilities is not a final judgment.
What must a Partial Final Judgment order say to be valid?
It must be expressly labeled “Partial Final Judgment” and contain express findings that the interests and grounds for the judgment are separate and distinct from the remaining claims, that an appeal cannot affect the remaining claims, and that deciding the remaining claims cannot affect the parties subject to the partial judgment if they are later restored to the case.
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: partial final judgment Virginiaappealing judgment against one defendant VirginiaRule 1:2 Virginiamulti-party case appeal Virginia5A:6 notice of appeal partial judgment