9.22 Judgment

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

9.22 JUDGMENT

9.2201 Procedure The judgment order sets forth the plea, the verdict finding, the adjudication, and the sentence. ⁷³¹ It also states whether a jury tried the case; if there was no jury trial, the judgment order states whether the court and the commonwealth's attorney concurred in the waiver of jury trial. ⁷³² If the accused was tried at one time for two or more offenses, the court may enter one order for all the offenses. ⁷³³

The Virginia Supreme Court has distinguished the rendition of a judgment from its entry on the court records. ⁷³⁴ Entering or recording the instrument memorializing the judgment is not required to validate the judgment itself. Thus, where a judge failed to sign a judgment of conviction sentencing the defendant, his pronouncement of the judgment nevertheless was a "valid judicial act," and therefore the defendant could later be punished for violating probation. ⁷³⁵

9.2202 Finality. The judgment remains under control of the trial court for 21 days after entry of judgment and is subject to modification or

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vacation in that period. ⁷³⁶ A 2018 amendment to Rule 1:1 further defines finality. ⁷³⁷ Judgments, orders, or decrees are deemed final, unless any claim, cause of action, or relief is left before the court. ⁷³⁸ If only the "ministerial execution of the court's judgment, order or decree" is left before the court, then the...