Virginia probate, civil and family deadlines
46 deadlines · Last checked 30 October 2026
Each entry gives the period, what starts it, the citation and the words the rule uses. The short label cannot carry every condition, so read the quotation and the rule itself.
This is reference information, not legal advice. Check the current rule and any local rule or court order before relying on it.
Probate
Elective share complaint, to reach non-probate transfers
12 months after the date of death
The decedent's non-probate transfers to others are not included within the augmented estate for the purpose of computing the elective share if the complaint is filed more than 12 months after the decedent's death.
Va. Code §64.2-308.12(B) · Checked 30 October 2026 · Read the rule
Record the allowance election against bona fide purchasers
12 months after the date of death
shall not be affected by such election unless the election is recorded in the clerk's office of the circuit court in which the real estate lies within one year after the decedent's death.
Va. Code §64.2-313 · Checked 30 October 2026 · Read the rule
File the will for probate to protect devisees against a purchaser from the heir
12 months after the date of death
shall not be affected by a devise of such real estate made by the decedent, unless within one year after the testator's death the will devising the same ... shall be filed for probate before the court or clerk having jurisdiction for that purpose and shall afterwards be admitted to probate and recorded
Va. Code §64.2-456 · Checked 30 October 2026 · Read the rule
Written notice of probate and qualification to heirs and beneficiaries
30 days after the date letters were issued
Within 30 days after the date of qualification or admission of the will to probate, a personal representative or proponent of the will shall forward notice by delivery or by first-class mail, postage prepaid, to the persons entitled to notice at their last known address.
Va. Code §64.2-508(A), (D) · Checked 30 October 2026 · Read the rule
Record the affidavit of notice
4 months after the date letters were issued
The personal representative or proponent of the will shall record within four months in the clerk's office where the will is recorded an affidavit ... If this subsection has not been complied with within four months after qualification, the commissioner of accounts shall issue, through the sheriff or other proper officer, a summons to such fiduciary requiring him to comply,
Va. Code §64.2-508(F) · Checked 30 October 2026 · Read the rule
Inventory to the commissioner of accounts
4 months after the date letters were issued
Every personal representative or curator shall, within four months after the date of the order conferring his authority, return to the commissioner of accounts an inventory
Va. Code §64.2-1300(A) · Checked 30 October 2026 · Read the rule
Appeal the clerk's order appointing an administrator
6 months after the date letters were issued
may, without giving any bond, appeal any order entered by the clerk or deputy clerk of a circuit court pursuant to § 64.2-454 , 64.2-500 , or 64.2-502 within six months after entry of such order
Va. Code §64.2-502.1 · Checked 30 October 2026 · Read the rule
Surviving spouse's election (intestate estate)
6 months after the date letters were issued
must be made no later than six months after the later of (i) the time of the admission of the decedent's will to probate or (ii) the qualification of an administrator on the decedent's intestate estate,
Va. Code §64.2-308.12(A) · Checked 30 October 2026 · Read the rule
First account to the commissioner of accounts
16 months after the date letters were issued
Within 16 months from the date of the qualification, personal representatives shall exhibit before the commissioner of accounts a statement of all money and other property that the fiduciary has received, has become chargeable with, or has disbursed within 12 months from the date of qualification.
Va. Code §64.2-1304(A) · Checked 30 October 2026 · Read the rule
Appeal the clerk's probate order to circuit court
6 months after the order admitting the will
Any person interested in the probate of the will may appeal any order entered pursuant to § 64.2-444 within six months after the entering of such an order,
Va. Code §64.2-445 · Checked 30 October 2026 · Read the rule
Surviving spouse's election (will admitted)
6 months after the order admitting the will
The election by the surviving spouse of a decedent who dies domiciled in the Commonwealth must be made no later than six months after the later of (i) the time of the admission of the decedent's will to probate or (ii) the qualification of an administrator on the decedent's intestate estate,
Va. Code §64.2-308.12(A) · Checked 30 October 2026 · Read the rule
Complaint to impeach or establish a will
12 months after the order admitting the will
may file a complaint to impeach or establish the will within one year from the date of the order entered by the court in exercise of its original jurisdiction or after an appeal of an order entered by the clerk, or, if no appeal from an order entered by the clerk is taken, from the date of the order entered by the clerk.
Va. Code §64.2-448(A) · Checked 30 October 2026 · Read the rule
Earliest claim date a creditor notice may name (6 months after first publication)
6 months after the first publication of notice to creditors
on or before the later of (i) at least six months from the date of the first publication of the notice or (ii) 90 days after the personal representative mails or otherwise delivers a copy of the notice as published to the claimant;
Va. Code §64.2-508.1(B), (C)(4), (F) · Checked 30 October 2026 · Read the rule
File the affidavit of publication and mailing of the creditor notice
30 days after the last publication of notice to creditors
Within 30 days after completing the publication of notice and sending a copy of the notice to all persons with a disputed claim under this section, the personal representative shall file with the clerk of the court in which the personal representative qualified an affidavit
Va. Code §64.2-508.1(D) · Checked 30 October 2026 · Read the rule
Probate notes
No day is worked out for these. Read the rule.
Family allowance, exempt property and homestead election: one year, changed in 2026
Any election to take a family allowance, exempt property, or homestead allowance shall be made no later than one year after the later of the (i) time of admission of the decedent's will to probate or (ii) qualification of an administrator of the decedent's intestate estate.
Va. Code §64.2-313; 2026 Va. Acts c. 381 · Checked 30 October 2026 · Read the rule
Civil
Serve each defendant within one year of filing
12 months after the complaint was filedThe day it lapses
No order, judgment or decree will be entered against a defendant who was served with process more than one year after the institution of the action against that defendant unless the court finds as a fact that the plaintiff exercised due diligence to have timely service on that defendant.
Va. Sup. Ct. R. 3:5(e); Va. Code §§8.01-275.1, 8.01-335(D) · Checked 30 October 2026 · Read the rule
Answer due after waiving service
60 days after the waiver request was sent
if service of the summons has been timely waived on request under Code § 8.01-286.1, within 60 days after the date when the request for waiver was sent,
Va. Sup. Ct. R. 3:8(a); Va. Code §8.01-286.1(C) · Checked 30 October 2026 · Read the rule
Answer due after waiving service (defendant addressed outside Virginia)
90 days after the waiver request was sent
or within 90 days after that date if the defendant was addressed outside the Commonwealth.
Va. Sup. Ct. R. 3:8(a); Va. Code §8.01-286.1(C) · Checked 30 October 2026 · Read the rule
Answer or other responsive pleading due
21 days after the summons and complaint were served
A defendant must file pleadings in response within 21 days after service of the summons and complaint upon that defendant,
Va. Sup. Ct. R. 3:8(a) · Checked 30 October 2026 · Read the rule
Motion objecting to venue (circuit court)
21 days after the summons and complaint were served
the venue irregularity shall be deemed to have been waived unless the defendant objects to venue by motion filed, as to actions in circuit courts, within twenty-one days after service of process commencing the action, or within the period of any extension of time for filing responsive pleadings fixed by order of the court.
Va. Code §8.01-264(A); Va. Sup. Ct. R. 1:9 · Checked 30 October 2026 · Read the rule
File a counterclaim
21 days after the summons and complaint were served
A counterclaim may, subject to the provisions of Rule 1:9, be filed within 21 days after service of the summons and complaint upon the defendant asserting the counterclaim,
Va. Sup. Ct. R. 3:9(b)(i) · Checked 30 October 2026 · Read the rule
File a cross-claim
21 days after the summons and complaint were served
A cross-claim may, subject to the provisions of Rule 1:9, be filed within 21 days after service of the summons and complaint on the defendant asserting the cross-claim,
Va. Sup. Ct. R. 3:10(b) · Checked 30 October 2026 · Read the rule
Motion to join an additional party
21 days after the summons and complaint were served
A motion to join an additional party may, subject to the provisions of Rule 1:9, be filed with the clerk within 21 days after service of the complaint
Va. Sup. Ct. R. 3:12(b) · Checked 30 October 2026 · Read the rule
Defendant's discovery responses, if discovery came with the complaint
28 days after the summons and complaint were served
within 21 days after the service of the interrogatories, except that a defendant may serve answers or objections within 28 days after service of the complaint upon that defendant.
Va. Sup. Ct. R. 4:8(d), 4:9(b)(ii), 4:11(a) · Checked 30 October 2026 · Read the rule
Response to a counterclaim due
21 days after the counterclaim was served
The plaintiff must file pleadings in response to such counterclaim within 21 days after it is served.
Va. Sup. Ct. R. 3:9(c) · Checked 30 October 2026 · Read the rule
Response to a cross-claim due
21 days after the counterclaim was served
The cross-claim defendant must file pleadings in response to such cross-claim within 21 days after it is served.
Va. Sup. Ct. R. 3:10(c) · Checked 30 October 2026 · Read the rule
Answer due after the court overrules a demurrer, plea or motion
21 days after the court decided the motion
such defendant must, unless the defendant has already done so, file an answer within 21 days after the entry of such order, or within such other time as the court may prescribe.
Va. Sup. Ct. R. 3:8(b) · Checked 30 October 2026 · Read the rule
Last day to file a counterclaim after the court rules
21 days after the court decided the motion
the defendant may file any counterclaim at any time up to 21 days after the entry of the court's order ruling upon all such motions, demurrers and other pleas, or within such shorter or longer time as the court may prescribe.
Va. Sup. Ct. R. 3:9(b)(ii) · Checked 30 October 2026 · Read the rule
Interrogatory answers and objections due
21 days after the discovery requests were served
must serve a copy of the answers, and objections if any, within 21 days after the service of the interrogatories,
Va. Sup. Ct. R. 4:8(d) · Checked 30 October 2026 · Read the rule
Written response to requests for production due
21 days after the discovery requests were served
The party upon whom the request is served must serve a written response within 21 days after the service of the request,
Va. Sup. Ct. R. 4:9(b)(ii) · Checked 30 October 2026 · Read the rule
Response to requests for admission due (or deemed admitted)
21 days after the discovery requests were served
The matter is admitted unless, within 21 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection
Va. Sup. Ct. R. 4:11(a) · Checked 30 October 2026 · Read the rule
Serve written notice of the motion hearing
7 days before the hearing
Absent leave of court, and except as provided in paragraph (c) of this Rule, reasonable notice must be in writing and served at least seven days before the hearing.
Va. Sup. Ct. R. 4:15(b) · Checked 30 October 2026 · Read the rule
File and serve notice and a supporting brief of five pages or fewer
14 days before the hearing
if a brief in support of a motion is five or fewer pages in length, the required notice and the brief must be filed and served at least 14 days before the hearing
Va. Sup. Ct. R. 4:15(c) · Checked 30 October 2026 · Read the rule
File and serve a brief in opposition
7 days before the hearing
any brief in opposition to the motion must be filed and served at least seven days before the hearing.
Va. Sup. Ct. R. 4:15(c) · Checked 30 October 2026 · Read the rule
Request a final pretrial conference (trial set for five days or more)
45 days before trial
In cases set for trial for five days or more, upon request of any counsel of record, made at least 45 days before trial, the court must schedule a final pretrial conference
Va. Sup. Ct. R. 1:19 · Checked 30 October 2026 · Read the rule
Issue an attorney-issued witness subpoena the sheriff must serve
5 court days before trial
A sheriff shall not be required to serve an attorney-issued subpoena that is not issued at least five business days prior to the date that attendance is desired.
Va. Code §8.01-407(A) · Checked 30 October 2026 · Read the rule
Serve witness subpoenas
5 days before trial
When any subpoena is served less than five calendar days before appearance is required, the court may, after considering all of the circumstances, refuse to enforce the subpoena for lack of adequate notice.
Va. Code §8.01-407(A) · Checked 30 October 2026 · Read the rule
Trial court's power over the final judgment ends
21 days after judgment was enteredThe day it lapses
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
Va. Sup. Ct. R. 1:1(a) · Checked 30 October 2026 · Read the rule
Notice of appeal to the Court of Appeals
30 days after judgment was entered
no appeal will be allowed unless, within 30 days after entry of final judgment or other appealable order or decree, or within any specified extension thereof granted by this Court under Rule 5A:3(a), counsel files with the clerk of the trial court a notice of appeal,
Va. Sup. Ct. R. 5A:6(a); Va. Code §8.01-675.3 · Checked 30 October 2026 · Read the rule
File the transcript or written statement of facts for an appeal
60 days after judgment was entered
The transcript of any proceeding is a part of the record when it is filed in the office of the clerk of the trial court no later than 60 days after entry of the final judgment.
Va. Sup. Ct. R. 5A:8(a), (c) · Checked 30 October 2026 · Read the rule
Last day to move to extend the transcript deadline
90 days after judgment was entered
This deadline may be extended by a judge of this Court only upon a written motion filed within 90 days after the entry of final judgment.
Va. Sup. Ct. R. 5A:8(a) · Checked 30 October 2026 · Read the rule
Appeal from a general district court to circuit court
10 days after judgment was entered
there shall be an appeal of right, if taken within 10 days after such order or judgment, to a court of record.
Va. Code §16.1-106(A) · Checked 30 October 2026 · Read the rule
Post appeal bond and pay writ tax on a general district court appeal
30 days after judgment was entered
Such bond shall be posted within 30 days from the date of judgment, except for an appeal from the judgment of a general district court on an unlawful detainer pursuant to § 8.01-129 .
Va. Code §16.1-107(A), (E) · Checked 30 October 2026 · Read the rule
Motion to set aside a default judgment for fraud on the court
24 months after judgment was enteredThe day it lapses
Such motion on the ground of fraud on the court shall be made within two years from the date of the judgment or decree.
Va. Code §8.01-428(A) · Checked 30 October 2026 · Read the rule
Civil notes
No day is worked out for these. Read the rule.
These pleading dates are for circuit court
These Rules apply to all civil actions, in the circuit courts, whether the claims involved arise under legal or equitable causes of action, unless otherwise provided by law.
Va. Sup. Ct. R. 3:1; 7B:4 · Checked 30 October 2026 · Read the rule
Service on the Secretary of the Commonwealth
The time for the person to be served to respond to process sent by the Secretary shall run from the date when the certificate of compliance is filed in the office of the clerk of the court in which the action is pending.
Va. Code §8.01-329(C) · Checked 30 October 2026 · Read the rule
Service by order of publication
to appear and protect their interests on or before the date stated in the order which shall be no sooner than 50 days after entry of the order of publication.
Va. Code §8.01-317 · Checked 30 October 2026 · Read the rule
Posted service and default judgment
provided that not less than 10 days before judgment by default may be entered, the party causing service or his attorney or agent mails to the party served a copy of such process and thereafter files in the office of the clerk of the court a certificate of such mailing.
Va. Code §8.01-296(2)(b); Va. Sup. Ct. R. 3:19(c)(1) · Checked 30 October 2026 · Read the rule
Third-party complaint without leave
The third-party plaintiff need not obtain leave therefore if the third-party complaint is filed not later than 21 days after the third-party plaintiff serves an original pleading in response.
Va. Sup. Ct. R. 3:13(a) · Checked 30 October 2026 · Read the rule
Jury demand runs from the last pleading
serving upon other parties a demand therefore in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to the issue,
Va. Sup. Ct. R. 3:21(b), (d) · Checked 30 October 2026 · Read the rule
Attorney fees must be demanded in the pleadings
The failure of a party to file a demand as required by this rule constitutes a waiver by the party of the claim for attorney fees,
Va. Sup. Ct. R. 3:25(a)-(c) · Checked 30 October 2026 · Read the rule
Time the defendant gets to return the waiver
Allow the defendant a reasonable time to return the waiver, which shall be no more than 30 days from the date on which the request is sent, or 60 days from that date if the defendant's address is outside the Commonwealth;
Va. Code §8.01-286.1(B)(6) · Checked 30 October 2026 · Read the rule
Response to an amended pleading is set by the court
In granting leave to amend the court may make such provision for notice thereof and opportunity to make response as the court may deem reasonable and proper.
Va. Sup. Ct. R. 1:8 · Checked 30 October 2026 · Read the rule
Response after a bill of particulars
a defendant must respond to the amplified pleading within 21 days after the filing thereof, unless the defendant relies on pleadings already filed.
Va. Sup. Ct. R. 3:7(d) · Checked 30 October 2026 · Read the rule
Summary judgment has no response date of its own
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.
Va. Sup. Ct. R. 3:20, 4:15 · Checked 30 October 2026 · Read the rule
No response date runs from service of a motion
If a brief will be more than five pages in length, an alternative hearing date, notice requirement, and briefing schedule may be determined by the court or its designee.
Va. Sup. Ct. R. 4:15(a)-(c) · Checked 30 October 2026 · Read the rule
For motions, served means received
For purposes of this Rule, a pleading is deemed served when it is actually received by, or in the office of, counsel of record through delivery, mailing, facsimile transmission or electronic mail as provided in Rule 1:12.
Va. Sup. Ct. R. 4:15(e); see 1:12 · Checked 30 October 2026 · Read the rule
Discovery, expert and exhibit dates come from the pretrial scheduling order
"Complete" means that all interrogatories, requests for production, requests for admissions and other discovery must be served sufficiently in advance of trial to allow a timely response at least 30 days before trial.
Va. Sup. Ct. R. 1:18; Part One Appendix, Form 3 · Checked 30 October 2026 · Read the rule
Attorney-issued subpoena duces tecum: allow 14 days
If time for compliance with an attorney-issued subpoena duces tecum is less than fourteen (14) days after service of the subpoena, the person to whom the subpoena is directed may serve on the party issuing the subpoena a written objection
Va. Sup. Ct. R. 4:9A(a)(2) · Checked 30 October 2026 · Read the rule
A post-trial motion does not stop the appeal clock
The time period for filing the notice of appeal is not extended by the filing of a motion for a new trial, a petition for rehearing, or a like pleading unless the final judgment is modified, vacated, or suspended by the trial court pursuant to Rule 1:1, in which case the time for filing is computed from the date of the final judgment entered following such modification, vacation, or suspension.
Va. Sup. Ct. R. 5A:3(a), 1:1 · Checked 30 October 2026 · Read the rule
Extension of the time to note an appeal
if a rule does not provide a specific deadline governing motions to extend, within 30 days after the filing deadline from which an extension is sought.
Va. Sup. Ct. R. 5A:3(a)-(c); Va. Code §8.01-675.3 · Checked 30 October 2026 · Read the rule
No notice of the final order
the circuit court may, within 60 days of the entry of such order, modify, vacate, or suspend the order or grant the party leave to appeal.
Va. Code §8.01-428(C) · Checked 30 October 2026 · Read the rule
Family
Serve each defendant within one year of filing
12 months after the petition was filedThe day it lapses
No order, judgment or decree will be entered against a defendant who was served with process more than one year after the institution of the action against that defendant unless the court finds as a fact that the plaintiff exercised due diligence to have timely service on that defendant.
Va. Sup. Ct. R. 3:5(e); Va. Code §§8.01-275.1, 8.01-335(D) · Checked 30 October 2026 · Read the rule
Answer or other responsive pleading due
21 days after the petition was served
A defendant must file pleadings in response within 21 days after service of the summons and complaint upon that defendant,
Va. Sup. Ct. R. 3:8(a) · Checked 30 October 2026 · Read the rule
Motion objecting to venue (circuit court)
21 days after the petition was served
the venue irregularity shall be deemed to have been waived unless the defendant objects to venue by motion filed, as to actions in circuit courts, within twenty-one days after service of process commencing the action, or within the period of any extension of time for filing responsive pleadings fixed by order of the court.
Va. Code §8.01-264(A); Va. Sup. Ct. R. 1:9 · Checked 30 October 2026 · Read the rule
File a counterclaim
21 days after the petition was served
A counterclaim may, subject to the provisions of Rule 1:9, be filed within 21 days after service of the summons and complaint upon the defendant asserting the counterclaim,
Va. Sup. Ct. R. 3:9(b)(i) · Checked 30 October 2026 · Read the rule
File a cross-claim
21 days after the petition was served
A cross-claim may, subject to the provisions of Rule 1:9, be filed within 21 days after service of the summons and complaint on the defendant asserting the cross-claim,
Va. Sup. Ct. R. 3:10(b) · Checked 30 October 2026 · Read the rule
Motion to join an additional party
21 days after the petition was served
A motion to join an additional party may, subject to the provisions of Rule 1:9, be filed with the clerk within 21 days after service of the complaint
Va. Sup. Ct. R. 3:12(b) · Checked 30 October 2026 · Read the rule
Defendant's discovery responses, if discovery came with the complaint
28 days after the petition was served
within 21 days after the service of the interrogatories, except that a defendant may serve answers or objections within 28 days after service of the complaint upon that defendant.
Va. Sup. Ct. R. 4:8(d), 4:9(b)(ii), 4:11(a) · Checked 30 October 2026 · Read the rule
Response to a counterclaim due
21 days after the counterclaim was served
The plaintiff must file pleadings in response to such counterclaim within 21 days after it is served.
Va. Sup. Ct. R. 3:9(c) · Checked 30 October 2026 · Read the rule
Response to a cross-claim due
21 days after the counterclaim was served
The cross-claim defendant must file pleadings in response to such cross-claim within 21 days after it is served.
Va. Sup. Ct. R. 3:10(c) · Checked 30 October 2026 · Read the rule
Answer due after the court overrules a demurrer, plea or motion
21 days after the court decided the motion
such defendant must, unless the defendant has already done so, file an answer within 21 days after the entry of such order, or within such other time as the court may prescribe.
Va. Sup. Ct. R. 3:8(b) · Checked 30 October 2026 · Read the rule
Last day to file a counterclaim after the court rules
21 days after the court decided the motion
the defendant may file any counterclaim at any time up to 21 days after the entry of the court's order ruling upon all such motions, demurrers and other pleas, or within such shorter or longer time as the court may prescribe.
Va. Sup. Ct. R. 3:9(b)(ii) · Checked 30 October 2026 · Read the rule
Interrogatory answers and objections due
21 days after the discovery requests were served
must serve a copy of the answers, and objections if any, within 21 days after the service of the interrogatories,
Va. Sup. Ct. R. 4:8(d) · Checked 30 October 2026 · Read the rule
Written response to requests for production due
21 days after the discovery requests were served
The party upon whom the request is served must serve a written response within 21 days after the service of the request,
Va. Sup. Ct. R. 4:9(b)(ii) · Checked 30 October 2026 · Read the rule
Response to requests for admission due (or deemed admitted)
21 days after the discovery requests were served
The matter is admitted unless, within 21 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection
Va. Sup. Ct. R. 4:11(a) · Checked 30 October 2026 · Read the rule
Serve written notice of the motion hearing
7 days before the hearing
Absent leave of court, and except as provided in paragraph (c) of this Rule, reasonable notice must be in writing and served at least seven days before the hearing.
Va. Sup. Ct. R. 4:15(b) · Checked 30 October 2026 · Read the rule
File and serve notice and a supporting brief of five pages or fewer
14 days before the hearing
if a brief in support of a motion is five or fewer pages in length, the required notice and the brief must be filed and served at least 14 days before the hearing
Va. Sup. Ct. R. 4:15(c) · Checked 30 October 2026 · Read the rule
File and serve a brief in opposition
7 days before the hearing
any brief in opposition to the motion must be filed and served at least seven days before the hearing.
Va. Sup. Ct. R. 4:15(c) · Checked 30 October 2026 · Read the rule
Request a final pretrial conference (trial set for five days or more)
45 days before trial
In cases set for trial for five days or more, upon request of any counsel of record, made at least 45 days before trial, the court must schedule a final pretrial conference
Va. Sup. Ct. R. 1:19 · Checked 30 October 2026 · Read the rule
Issue an attorney-issued witness subpoena the sheriff must serve
5 court days before trial
A sheriff shall not be required to serve an attorney-issued subpoena that is not issued at least five business days prior to the date that attendance is desired.
Va. Code §8.01-407(A) · Checked 30 October 2026 · Read the rule
Serve witness subpoenas
5 days before trial
When any subpoena is served less than five calendar days before appearance is required, the court may, after considering all of the circumstances, refuse to enforce the subpoena for lack of adequate notice.
Va. Code §8.01-407(A) · Checked 30 October 2026 · Read the rule
Trial court's power over the final judgment ends
21 days after the judgment was enteredThe day it lapses
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
Va. Sup. Ct. R. 1:1(a) · Checked 30 October 2026 · Read the rule
Notice of appeal to the Court of Appeals
30 days after the judgment was entered
no appeal will be allowed unless, within 30 days after entry of final judgment or other appealable order or decree, or within any specified extension thereof granted by this Court under Rule 5A:3(a), counsel files with the clerk of the trial court a notice of appeal,
Va. Sup. Ct. R. 5A:6(a); Va. Code §8.01-675.3 · Checked 30 October 2026 · Read the rule
File the transcript or written statement of facts for an appeal
60 days after the judgment was entered
The transcript of any proceeding is a part of the record when it is filed in the office of the clerk of the trial court no later than 60 days after entry of the final judgment.
Va. Sup. Ct. R. 5A:8(a), (c) · Checked 30 October 2026 · Read the rule
Last day to move to extend the transcript deadline
90 days after the judgment was entered
This deadline may be extended by a judge of this Court only upon a written motion filed within 90 days after the entry of final judgment.
Va. Sup. Ct. R. 5A:8(a) · Checked 30 October 2026 · Read the rule
Motion to set aside a default judgment for fraud on the court
24 months after the judgment was enteredThe day it lapses
Such motion on the ground of fraud on the court shall be made within two years from the date of the judgment or decree.
Va. Code §8.01-428(A) · Checked 30 October 2026 · Read the rule
Appeal from a juvenile and domestic relations court to circuit court
10 days after the judgment was entered
an appeal may be taken to the circuit court within 10 days from the entry of a final judgment, order, or conviction and shall be heard de novo.
Va. Code §16.1-296(A) · Checked 30 October 2026 · Read the rule
Appeal from a juvenile and domestic relations court in a Uniform Interstate Family Support Act case
30 days after the judgment was entered
In a case arising under the Uniform Interstate Family Support Act (§ 20-88.32 et seq.), a party may take an appeal pursuant to this section within 30 days from entry of a final order or judgment.
Va. Code §16.1-296(A1) · Checked 30 October 2026 · Read the rule
Perfect a juvenile and domestic relations appeal with any required bond
30 days after the judgment was entered
An appeal will not be perfected unless such appeal bond as may be required is filed within 30 days from the entry of the final judgment or order.
Va. Code §16.1-296(H) · Checked 30 October 2026 · Read the rule
Family notes
No day is worked out for these. Read the rule.
Service on the Secretary of the Commonwealth
The time for the person to be served to respond to process sent by the Secretary shall run from the date when the certificate of compliance is filed in the office of the clerk of the court in which the action is pending.
Va. Code §8.01-329(C) · Checked 30 October 2026 · Read the rule
Service by order of publication
to appear and protect their interests on or before the date stated in the order which shall be no sooner than 50 days after entry of the order of publication.
Va. Code §8.01-317 · Checked 30 October 2026 · Read the rule
Posted service and default judgment
provided that not less than 10 days before judgment by default may be entered, the party causing service or his attorney or agent mails to the party served a copy of such process and thereafter files in the office of the clerk of the court a certificate of such mailing.
Va. Code §8.01-296(2)(b); Va. Sup. Ct. R. 3:19(c)(1) · Checked 30 October 2026 · Read the rule
Response to an amended pleading is set by the court
In granting leave to amend the court may make such provision for notice thereof and opportunity to make response as the court may deem reasonable and proper.
Va. Sup. Ct. R. 1:8 · Checked 30 October 2026 · Read the rule
Response after a bill of particulars
a defendant must respond to the amplified pleading within 21 days after the filing thereof, unless the defendant relies on pleadings already filed.
Va. Sup. Ct. R. 3:7(d) · Checked 30 October 2026 · Read the rule
Summary judgment has no response date of its own
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.
Va. Sup. Ct. R. 3:20, 4:15 · Checked 30 October 2026 · Read the rule
No response date runs from service of a motion
If a brief will be more than five pages in length, an alternative hearing date, notice requirement, and briefing schedule may be determined by the court or its designee.
Va. Sup. Ct. R. 4:15(a)-(c) · Checked 30 October 2026 · Read the rule
For motions, served means received
For purposes of this Rule, a pleading is deemed served when it is actually received by, or in the office of, counsel of record through delivery, mailing, facsimile transmission or electronic mail as provided in Rule 1:12.
Va. Sup. Ct. R. 4:15(e); see 1:12 · Checked 30 October 2026 · Read the rule
Attorney-issued subpoena duces tecum: allow 14 days
If time for compliance with an attorney-issued subpoena duces tecum is less than fourteen (14) days after service of the subpoena, the person to whom the subpoena is directed may serve on the party issuing the subpoena a written objection
Va. Sup. Ct. R. 4:9A(a)(2) · Checked 30 October 2026 · Read the rule
A post-trial motion does not stop the appeal clock
The time period for filing the notice of appeal is not extended by the filing of a motion for a new trial, a petition for rehearing, or a like pleading unless the final judgment is modified, vacated, or suspended by the trial court pursuant to Rule 1:1, in which case the time for filing is computed from the date of the final judgment entered following such modification, vacation, or suspension.
Va. Sup. Ct. R. 5A:3(a), 1:1 · Checked 30 October 2026 · Read the rule
Extension of the time to note an appeal
if a rule does not provide a specific deadline governing motions to extend, within 30 days after the filing deadline from which an extension is sought.
Va. Sup. Ct. R. 5A:3(a)-(c); Va. Code §8.01-675.3 · Checked 30 October 2026 · Read the rule
No notice of the final order
the circuit court may, within 60 days of the entry of such order, modify, vacate, or suspend the order or grant the party leave to appeal.
Va. Code §8.01-428(C) · Checked 30 October 2026 · Read the rule
No-fault divorce depends on the separation date, not filing
On the application of either party if and when they have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children ... a divorce may be decreed on application if and when they have lived separately and apart without cohabitation and without interruption for six months.
Va. Code §20-91(A)(9)(a) · Checked 30 October 2026 · Read the rule
Six months' residence before filing
unless one of the parties was at the time of the filing of the suit and had been for at least six months preceding the filing of the suit an actual bona fide resident and domiciliary of the Commonwealth,
Va. Code §20-97 · Checked 30 October 2026 · Read the rule
Parent education seminar where custody, visitation or support is contested
shall show proof that they have attended within the 12 months prior to their court appearance or that they shall attend within 45 days thereafter an educational seminar
Va. Code §20-103(A) · Checked 30 October 2026 · Read the rule
Ex parte order excluding a spouse from the home
the order shall not exclude a family or household member from the family dwelling for a period in excess of 15 days from the date the order is served, in person, upon the person so excluded.
Va. Code §20-103(B) · Checked 30 October 2026 · Read the rule
No default judgment or summary judgment in a divorce
Except in suits for divorce or annulling a marriage, the court will, on motion of the plaintiff, enter judgment for the relief appearing to the court to be due.
Va. Sup. Ct. R. 3:19(c)(1), 3:20; Va. Code §20-99 · Checked 30 October 2026 · Read the rule
Domestic relations dates come from the court's scheduling order
With the exception of domestic relations and eminent domain cases, a court may not enter a scheduling order which deviates from the terms of the Uniform Pretrial Scheduling Order
Va. Sup. Ct. R. 1:18(c) · Checked 30 October 2026 · Read the rule
30 days' notice before relocating
the court shall include as a condition of any custody or visitation order a requirement that thirty days' advance written notice be given to the court and the other party by any party intending to relocate and of any intended change of address,
Va. Code §20-124.5 · Checked 30 October 2026 · Read the rule
Counting days under the court rules
When the last day for performing an act during the course of a judicial proceeding falls on a Saturday, Sunday, legal holiday, or any day or part of a day on which the clerk's office is closed as authorized by an act of the General Assembly, the act may be performed on the next day that is not a Saturday, Sunday, legal holiday, or day or part of a day on which the clerk's office is closed as authorized by an act of the General Assembly.
Va. Code §1-210 · Checked 30 October 2026 · Read the rule
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This is reference information, not legal advice. Check the current rule and any local rule or court order before relying on it.