Themis Essay 905

Question 1

For an order to be final, the order must be

Answer 1

signed by the judge and contain language indicating that the case is to be concluded by the order.

Question 2

Under Rule 1:1, the Circuit Court retains control to

Answer 2

modify, vacate, or suspend a final order for 21 days after entry.

Question 3

Entry of a final order is defined as

Answer 3

the date the judge signs the order.

Question 4

A final order becomes final and out of the control of the trial court

Answer 4

21 days after it is entered.

Question 5

To avoid triggering Rule 1:1’s 21-day period, a court’s order must

Answer 5

contain specific, express language indicating as such.

Question 6

A motion for reconsideration does not affect

Answer 6

the Rule 1:1 21-day time period because it is not incorporated into the final order.

Question 7

The Virginia Supreme Court has stated that Rule 1:1’s 21-day period will not be tolled by

Answer 7

any post-trial motion.

Question 8

The only was a judge may re-start Rule 1:1’s 21-day period is through

Answer 8

an express modification, vacation, or suspension of the order.

Question 9

Rule 1:1 states that an order is final and will be outside the authority of the trial judge 21 days after it is entered unless

Answer 9

there is express language in the order stating that the court will retain jurisdiction over the case.

Question 10

A final judgment, order, or decree of a Circuit Court is appealable

Answer 10

as of right to the Court of Appeals of Virginia.

Question 11

A notice of appeal must be filed within 30 days of entry of the

Answer 11

circuit court’s final order.

Question 12

The time period to appeal the circuit court’s final order is not interrupted by

Answer 12

the filing of a motion for a new trial, modification of the order, reconsideration, or to vacate.

Question 13

The 30-day time period to appeal the final order of the Circuit Court will only start over if

Answer 13

the judge modifies, vacates, or suspends the order.