The term ‘final‘ in legal proceedings signifies the end of litigation, be it a jury trial or an administrative law hearing. It is where the trial court resolves all doubts and disputes about the outcome, naming a clear and definitive winner.
Seems straightforward, right?
Unfortunately, not always. Indeed, United States Supreme Court Justice Hugo Black noted that the term ‘final’ is the most ambiguous word in the legal lexicon.
A mistake in determining whether a court’s decision qualifies as a final judgment on the merits can lead to more uncertainty and conflict. At best, the wrong decision adds an unnecessary appellate step, prolonging litigation. At worst, an incorrect decision leads to missing an appeal deadline and being stuck with the trial court’s ruling.
This article explains when a court’s judgment or order becomes final. Generally you can only appeal a decision you disagree with if it is a final judgment.
I will also tell you what you can do to ask the court or the workers compensation commission to change its decision before you file a notice of appeal with a higher-level court, focusing on the law in Virginia.
Read on to learn more about the finality of judgments, orders, and decrees.
Remember, you are not alone in this process. If you need assistance with your motor vehicle crash lawsuit or workers compensation case, call me at (804) 251-1620 or (757) 810-5614. I am here to help you navigate these complex legal procedures.
The court deciding your case has likely said when a court order is a “final judgment” in its common law (decisions from judges) or local rules for civil procedure.
For example, Rule 1:1(b) of the Rules of the Supreme Court of Virginia memorializes language from past court decisions when it says: “Unless otherwise provided by rule or statute, a judgment, order, or decree is final if it disposes of the entire matter before the court, including all claim(s) and all cause(s) of action against all parties, gives all the relief contemplated, and leaves nothing to be done by the court except the ministerial execution of the court’s judgment, order, or decree.”
No, with one exception.
A Virginia court’s written order does not have to follow a specific form or include particular language to be a valid, final judgment. Instead, the case record and the order’s language will usually make it clear whether it contains the court’s final decision.
For example, neither civil procedure rules nor case law require that a court document say “final order” or “final judgment” to be considered as such.
In addition, Rule 1:1(d) of the Virginia Supreme Court Rules states that an order sustaining (granting) a plea in bar disposes of the claims or causes of actions subject to the plea in bar, as does an order granting a motion for summary judgment, even if the court’s order “does not expressly dismiss the claim(s) or cause(s) of action at issue, or enter judgment for the moving party.” And Rule 1:1(c) says an order sustaining a demurrer disposes of the claims subject to the demurrer, even if the order does not expressly dismiss those claims.
The only thing required for an order to be considered a final judgment are terms showing the intent to dispose of the case finally. Generally the order declares its intent by awarding damages, assessing costs, and omitting references to reserved claims or causes of action.
However, there is an exception. An order granting a motion to strike the evidence or pleadings in a civil case will only dispose of the claims at issue if the court also enters an order for full or partial summary judgment. See Rule 1:1(e)
Determining whether a judicial order is a final judgment is crucial for several reasons.
First, like appellate courts in many other states, the Court of Appeals of Virginia has limited jurisdiction. It can only exert its appellate jurisdiction and review a case if the trial court enters a final order or judgment or a statute authorizes a party to appeal the interlocutory order. This appellate law principle is known as the final judgment rule.
Second, the entry date of the final judgment sets the deadlines for timely perfecting appeals and filing certain post-trial motions and requests.
Third, a final judgment allows the winning party to raise the defenses of res judicata or collateral estoppel in later proceedings.
Yes, the trial court can reconsider and alter its order within a specific timeframe following the entry of the final judgment. The final judgment’s entry date is the date the judge signs it on paper or electronically; announcing the decision from the bench does not count.
For example, in Virginia, all final judgments and orders remain under the trial court’s control for twenty-one days after the court enters its final order and no longer. The trial court may modify, vacate, or suspend its final decree during this period.
When a party files a post-trial or post-judgment motion within 21 days of the final order, the trial court has several options. It may:
Filing a post-trial motion does not toll the 21-day deadline for the trial court to act. Neither will the court taking the motion under advisement extend the 21 days under Rule 1:1(a)
Only a court order modifying, suspending, or vacating the final order within 21 days allows the trial court to retain jurisdiction past this period.
A party must, therefore, file a timely notice of appeal if the trial court has not ruled on post-trial or post-judgment motions and the twenty-one-day period is about to expire. Otherwise, the court’s jurisdiction ends, and you may be stuck with the decision if you fail to comply with the appellate deadlines.