Any party may make a motion for summary judgment at any time after the parties are at issue, except in an action for divorce or for annulment of marriage. If it appears from the pleadings, the orders, if any, made at a pretrial conference, the admissions, if any, in the proceedings, that the moving party is entitled to judgment, the court shall grant the motion. Summary judgment, interlocutory in nature, may be entered as to the undisputed portion of a contested claim or on the issue of liability alone although there is a genuine issue as to the amount of damages. Summary judgment may not be entered if any material fact is genuinely in dispute. No motion for summary judgment or motion to strike the evidence will be sustained when based in whole or in part upon any discovery depositions under Rule 4:5, unless all parties to the action agree that such deposition may be so used, or unless the motion is brought in accordance with the provisions of subsection B of § 8.01-420. As further provided in subsection C of § 8.01-420, depositions and affidavits may be used to support or oppose a motion for summary judgment in any action where the only parties to the action are business entities and the amount at issue is $50,000 or more.
Rule 3:20.Motion for Summary Judgment.
Part Three: Practice and Procedures in Civil Actions · Last amended 2021 · Last verified July 16, 2026
In one sentenceLets any party move for summary judgment once the parties are at issue, except in divorce or annulment cases, requires the court to grant it when the pleadings, pretrial orders, and admissions show the movant is entitled to judgment and no material fact is disputed, and restricts using discovery depositions to support the motion.
Full Text of Rule 3:20
Plain-English Summary
Summary judgment offers a way to resolve a case, or part of one, without a trial, once the parties are at issue — meaning the pleadings have closed. Any party may move for it at that point, in any case except divorce or annulment. If the pleadings, any orders from a pretrial conference, and any admissions in the proceedings show the moving party is entitled to judgment, the court must grant the motion; there’s no discretion to deny it once that showing is made. But the reverse is just as firm: summary judgment can’t be entered if any material fact is in genuine dispute.
The rule also allows partial relief. Summary judgment is interlocutory in nature and can be entered on the undisputed portion of a contested claim, or on the issue of liability alone, even while a genuine dispute remains over the amount of damages.
One restriction limits what evidence can support the motion. A motion for summary judgment, or a motion to strike the evidence, can’t be sustained if it rests in whole or in part on discovery depositions taken under Rule 4:5 — unless all parties agree those depositions may be used that way, or the motion is brought under Code § 8.01-420(B). A related exception broadens the evidence available in certain business disputes: under Code § 8.01-420(C), depositions and affidavits may be used to support or oppose a summary judgment motion in any action where every party is a business entity and the amount at issue is $50,000 or more.
Frequently Asked Questions
When can a party move for summary judgment in Virginia?
At any time after the parties are at issue, except in an action for divorce or annulment of marriage.
What has to be shown for a Virginia court to grant summary judgment?
The pleadings, any pretrial orders, and any admissions in the proceedings must show the moving party is entitled to judgment, with no material fact in genuine dispute. If those conditions are met, the court must grant the motion.
Is that what people mean by ‘MSJ’ in Virginia practice?
Yes. This rule is Virginia’s motion for summary judgment, commonly shortened to MSJ, and it works the same basic way as summary judgment does elsewhere — resolving a case, or part of one, without a trial when there’s no genuine factual dispute.
Can summary judgment be granted on liability alone while damages remain disputed?
Yes. Summary judgment is interlocutory in nature and may be entered on the undisputed portion of a contested claim, or on liability alone, even though there’s a genuine dispute over the amount of damages.
Can discovery depositions be used to support a summary judgment motion?
Generally not. A motion resting in whole or in part on discovery depositions under Rule 4:5 can’t be sustained unless all parties agree, the motion falls under Code § 8.01-420(B), or, under Code § 8.01-420(C), the case involves only business-entity parties and at least $50,000 at issue.
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021.
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
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