Trial Court's Power to Modify, Vacate, or Suspend a Final Judgment Flashcards
(14 cards)
What is the general time frame for a trial court to modify, vacate, or suspend a final judgment?
21 days after the entry of the judgment, order, or decree.
Rule 1:1(a).
What happens to the trial court’s jurisdiction after the 21-day period?
It is generally divested of jurisdiction over the judgment, order, or decree.
A subsequently entered order by the trial court is a nullity.
When does the 21-day period begin?
On the date of entry, which is when the judge signs the judgment, order, or decree.
Rule 1:1(a).
Does filing a motion after the entry of judgment suspend the 21-day period?
No, it does not stop the 21-day period from running.
School Board v. Caudill Rowlett Scott, Inc., 379 S.E.2d 319 (Va. 1989).
What resets the 21-day period?
The trial court’s modification, vacation, or suspension of a final order, judgment, or decree.
School Board at 323.
What are the grounds for a party to move the trial court to set aside a default judgment after the 21-day period?
- Fraud on the court
- A void judgment
- An accord and satisfaction
- Military service at the time of process or judgment
What is the time limit for filing a motion based on fraud on the court?
Within two years from the date of entry of the judgment.
Can the trial court correct a clerical mistake at any time?
Yes, even if the mistake was due to the moving party.
§ 8.01-428(B).
What is an example of a clerical error that can be corrected?
Typographical errors made by a court reporter during transcription.
What must occur for a party to obtain relief if they were not notified of a final order?
The circuit court must determine the lack of notice did not result from a failure to exercise due diligence and denied the party the opportunity for post-trial relief.
What can a party do if they were served by publication and did not appear before the judgment date?
Petition to have the case reheard or correct any injustice within two years after the judgment.
§ 8.01-322.
What are the elements of an independent action to enjoin enforcement of a judgment?
- A judgment that should not be enforced
- A good defense to the cause of action
- Fraud, accident, or mistake preventing the defense
- No fault or negligence by the defendant
- Absence of an adequate remedy at law
What is the general time frame for filing a Bill of Review to vacate or modify a final order in an equitable proceeding?
Within six months after entry of the final order.
What happens if a party is under a disability regarding the Bill of Review?
The action must be filed within six months after the removal of the disability.
