Rule 3:19.Default.

Missing the response deadline in Rule 3:8 puts a defendant in default, with real consequences: that defendant isn’t entitled to notice of further proceedings — except for the default-judgment motion described below — and is deemed to have waived the right to a jury trial. Written notice of further proceedings still has to go to counsel of record, if the defendant has one, until a default judgment is entered.

Default isn’t necessarily the end of the road. Before judgment is entered, the court may, for good cause shown, let a defendant in default file a late responsive pleading, and can condition that relief on the defendant reimbursing the plaintiff’s extra costs and fees — including attorney fees — that resulted from the delay.

Getting to judgment itself follows its own procedure. Except in divorce or annulment suits, the court enters judgment for the relief that appears due on the plaintiff’s motion, after written notice mailed to the defendant’s last known address, if known or reasonably available, or otherwise to the defendant’s service-of-process address; if the plaintiff can’t provide notice at all, the motion must certify the reasonable, good-faith efforts made to do so. When service was made by posting, no default judgment can be entered until Code § 8.01-296(2)(b)’s requirements are met. If the damages sought are unliquidated, the court hears evidence and fixes the amount — unless the plaintiff demands a jury, in which case a jury is impaneled to set the damages. A defaulting defendant who takes part in that damages hearing can’t argue liability, but can object to the plaintiff’s damages evidence, offer evidence on the amount of damages, take part in jury selection if a jury will hear the damages issue, submit proposed damages instructions, and argue the damages question.

Relief after judgment splits into two windows. During the period Rule 1:1 allows for modifying, vacating, or suspending a judgment, the court may relieve a defendant of a default judgment by written order, weighing the extent and causes of the delay in responding, whether service and actual notice of the claim reached the defendant in time, and the effect of the delay on the plaintiff — again with the option to condition relief on reimbursing the plaintiff’s extra costs and fees. Once that period closes, a final judgment no longer within the trial court’s jurisdiction under Rule 1:1 can be vacated only as provided in Code §§ 8.01-428 and 8.01-623.