How much notice does a Virginia summary judgment motion require before the hearing?

At least 7 calendar days before the hearing date under Rule 4:15(b). If the supporting brief is five pages or fewer, the notice and brief must instead be served at least 14 calendar days before the hearing (Va. Sup. Ct. R. 4:15(b), (c)).

I was served with a Virginia summary judgment motion. When is my opposition due?

Under the default schedule, at least 7 calendar days before the hearing date, counted backward from the hearing, if the movant's brief is five pages or fewer. If the movant's brief is longer, Rule 4:15(c) lets the court set an alternative hearing date, notice requirement, and briefing schedule, so confirm the deadline the court has actually set rather than assume 7 days applies.

Can affidavits support or oppose a Virginia summary judgment motion?

Generally no. Rule 3:20 limits the evidentiary basis for the motion to the pleadings, any pretrial-conference orders, and admissions in the proceeding. Affidavits and discovery depositions under Rule 4:5 may not be used unless all parties agree, unless the only parties are business entities and the amount at issue is $50,000 or more, or unless the motion seeks dismissal of a punitive damages claim (Va. Code section 8.01-420(B), (C)).

Can a party file a motion for summary judgment in a Virginia divorce case?

No. Rule 3:20 categorically bars a motion for summary judgment in an action for divorce or for annulment of marriage, regardless of how clear the facts appear.

Is a Virginia summary judgment motion the same as a motion to dismiss, a motion to set aside a default, or a federal court motion?

No. A motion to dismiss and a motion to set aside a default are separate procedures with their own timing rules. This page also covers Virginia state trial court practice only, not a motion for summary judgment filed in federal court, which follows Federal Rule of Civil Procedure 56.

Virginia Motion for Summary Judgment

Q: If I do not respond to a Virginia summary judgment motion, is it automatically granted?

No. Even an unopposed motion must still be evaluated, and the court must find from the pleadings, any pretrial-conference orders, and admissions in the proceeding that the moving party is entitled to judgment and that no material fact is genuinely in dispute (Va. Sup. Ct. R. 3:20).

Q: Does Virginia require a separate statement of undisputed material facts for summary judgment?

No. Unlike some states, Virginia has no statewide requirement for a separate statement. A supporting brief generally may not exceed 20 pages, double-spaced, absent leave of court (Va. Sup. Ct. R. 4:15(c)).

Q: Can a Virginia court grant partial summary judgment?

Yes. Rule 3:20 allows interlocutory summary judgment on the undisputed portion of a contested claim, or on the issue of liability alone even though the amount of damages remains genuinely disputed for trial (Va. Sup. Ct. R. 3:20).

Virginia requires only 7 calendar days' notice before a summary judgment hearing under Rule 4:15(b), rising to 14 calendar days for the notice and brief and 7 calendar days for any opposition brief when the moving brief is five pages or fewer, and Rule 3:20 itself limits the evidentiary basis for the motion to the pleadings, pretrial-conference orders, and admissions in the proceeding.

Find out where you stand in Virginia

Which side of the motion are you on?

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Introduction

In Virginia, a motion for summary judgment is governed by Rule 3:20 of the Rules of the Supreme Court of Virginia, but Rule 3:20 itself sets no notice or response period; those periods instead come from the general motions rule, Rule 4:15. Absent leave of court, notice of the hearing must be served in writing at least 7 calendar days before the hearing date (Va. Sup. Ct. R. 4:15(b)). If the brief supporting the motion is five pages or fewer, the notice and the brief must instead be filed and served at least 14 calendar days before the hearing, and any brief in opposition is due at least 7 calendar days before the hearing (Va. Sup. Ct. R. 4:15(c)). Because a real summary judgment brief often runs longer than five pages, that 14-day and 7-day default frequently gives way to an alternative hearing date, notice requirement, and briefing schedule set by the court, so a party on either side should confirm the schedule the court has actually set rather than assume the default applies. A motion may be filed any time after the parties are at issue, but Rule 3:20 categorically bars the motion in an action for divorce or annulment of marriage (Va. Sup. Ct. R. 3:20). Virginia sets no statewide filing or hearing cutoff tied to the trial date; the statewide model Uniform Pretrial Scheduling Order only encourages counsel to bring dispositive motions on for hearing not more than 60 days after they are filed, and even that guidance yields to agreement of counsel or a court order for good cause (Va. Sup. Ct. R. 1:18B). Summary judgment is granted only if it appears from the pleadings, any pretrial-conference orders, and admissions in the proceeding that the moving party is entitled to judgment, and only if no material fact is genuinely in dispute (Va. Sup. Ct. R. 3:20). Rule 3:20 was substantively amended effective September 1, 2019, to add a narrow carve-out cross-referencing Virginia Code section 8.01-420(C). Virginia's central departure from federal and most state practice is evidentiary: Rule 3:20 authorizes only the pleadings, pretrial-conference orders, and admissions in the proceeding as the basis for the motion. Affidavits and discovery depositions under Rule 4:5 generally may not support or oppose the motion at all, unless all parties agree, unless the only parties are business entities and the amount at issue is $50,000 or more (Va. Code section 8.01-420(C)), or unless the motion seeks dismissal of a punitive damages claim (Va. Code section 8.01-420(B)). No statewide separate statement of undisputed material facts is required, though a supporting brief generally may not exceed 20 pages, double-spaced, absent leave of court (Va. Sup. Ct. R. 4:15(c)). Virginia has no Texas-style no-evidence motion and no California-style summary adjudication with its own rule number, but Rule 3:20 does allow interlocutory summary judgment on the undisputed portion of a contested claim, or on the issue of liability alone while damages remain for trial. Summary judgment is technical and is frequently lost on procedure rather than the merits. An opposed or unopposed motion is not automatically granted; the court must still find that the pleadings, orders, and admissions show entitlement to judgment and that no material fact is genuinely in dispute. Attorney review is available before filing or responding. A motion to dismiss and a motion to set aside a default are different procedures, covered on DocDraft's separate pages for those topics. This page covers Virginia state trial court practice only; summary judgment in federal court follows Federal Rule of Civil Procedure 56 and is outside its scope.

Key Things to Know

1
The moving party must serve notice of the hearing at least 7 calendar days before the hearing; if the supporting brief is five pages or fewer, the notice and brief are due at least 14 calendar days before the hearing and any opposition brief is due at least 7 calendar days before the hearing (Va. Sup. Ct. R. 4:15(b), (c)).
2
If you were served with a Virginia summary judgment motion, do not assume you have 14 days to respond: that period runs to the movant's own notice and brief. Your opposition brief is due only 7 calendar days before the hearing under the default schedule, or on whatever alternative schedule the court sets once the movant's brief exceeds five pages (Va. Sup. Ct. R. 4:15(c)).
3
An opposed or unopposed Virginia summary judgment motion is not automatically granted. The court must still find, from the pleadings, any pretrial-conference orders, and admissions in the proceeding, that the moving party is entitled to judgment and that no material fact is genuinely in dispute (Va. Sup. Ct. R. 3:20).
4
Virginia's summary judgment motion cannot rely on affidavits or discovery depositions under Rule 4:5 as a general matter; it is limited to the pleadings, pretrial-conference orders, and admissions in the proceeding, unless the only parties are business entities and the amount at issue is $50,000 or more, or the motion seeks dismissal of a punitive damages claim (Va. Code section 8.01-420(B), (C)).
5
No statewide separate statement of undisputed material facts is required in Virginia. A supporting brief generally may not exceed 20 pages, double-spaced, absent leave of court (Va. Sup. Ct. R. 4:15(c)).
6
Rule 3:20 categorically bars a motion for summary judgment in an action for divorce or annulment of marriage. Where it does apply, Rule 3:20 allows interlocutory summary judgment on the undisputed portion of a contested claim or on the issue of liability alone, leaving damages for trial.
7
This page covers a Virginia state circuit court motion for summary judgment only. A motion to dismiss and a motion to set aside a default are different procedures covered on DocDraft's separate pages, and summary judgment in federal court follows Federal Rule of Civil Procedure 56, not Rule 3:20.

Key decisions before you file

Before you file a Motion for Summary Judgment in Virginia, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.

Open the Motion for Summary Judgment guide

Customize your Motion for Summary Judgment Template with DocDraft

CASE NO. [CASE NUMBER]

VIRGINIA: IN THE CIRCUIT COURT OF [COUNTY OR CITY], VIRGINIA

[PLAINTIFF NAME], Plaintiff,

[DEFENDANT NAME], Defendant.

MOTION FOR SUMMARY JUDGMENT [IF APPLICABLE: OR PARTIAL SUMMARY JUDGMENT]

[NAME OF MOVING PARTY], [PLAINTIFF OR DEFENDANT] in this action, moves the Court under Rule 3:20 of the Rules of the Supreme Court of Virginia for summary judgment [IF APPLICABLE: on the issue of liability alone, or as to the undisputed portion of a contested claim, described as: DESCRIPTION OF THE PORTION ON WHICH JUDGMENT IS SOUGHT], and states:

I. GROUNDS

The parties are at issue in this action, and this is not an action for divorce or annulment of marriage, so this motion is properly before the Court under Rule 3:20.
It appears from the pleadings on file [IF APPLICABLE: , the orders entered at the pretrial conference held on PRETRIAL CONFERENCE DATE,] and the admissions in this proceeding, described below, that Movant is entitled to judgment as a matter of law, and no material fact is genuinely in dispute.

II. EVIDENTIARY BASIS

Under Rule 3:20, this motion rests on the pleadings, any pretrial-conference orders, and admissions in the proceeding. [IF APPLICABLE: The only parties to this action are business entities and the amount at issue is $50,000 or more, so this motion also relies on the following depositions and affidavits under Virginia Code section 8.01-420(C): LIST OF DEPOSITIONS AND AFFIDAVITS.] [IF APPLICABLE: This motion seeks dismissal of a punitive damages claim under Virginia Code section 8.01-420(B) and also relies on the following depositions or affidavits: LIST OF DEPOSITIONS AND AFFIDAVITS.]
The following admissions in the proceeding support this motion: [DESCRIPTION OF EACH ADMISSION, WITH A CITATION TO THE PLEADING, ORDER, OR REQUEST FOR ADMISSION].

III. MEMORANDUM

Movant is entitled to judgment as a matter of law for the following reasons: [SHORT LEGAL ARGUMENT APPLYING THE STANDARD TO THE PLEADINGS, ORDERS, AND ADMISSIONS ABOVE].

IV. RELIEF REQUESTED

WHEREFORE, Movant respectfully asks the Court to grant this motion and enter [IF APPLICABLE: partial] summary judgment in favor of [MOVING PARTY NAME] and against [OPPOSING PARTY NAME] [IF APPLICABLE: on the issue of liability alone, leaving the amount of damages for trial], and for such other relief as the Court deems proper.

NOTICE OF HEARING

TO: [NAME OF OPPOSING PARTY OR COUNSEL OF RECORD]

PLEASE TAKE NOTICE that the foregoing Motion for Summary Judgment will be brought before the Court for hearing on [HEARING DATE], at [HEARING TIME], at [COURTHOUSE ADDRESS]. This notice is served at least 7 calendar days before the hearing date under Rule 4:15(b). [IF APPLICABLE: This notice and the accompanying brief of five pages or fewer are served at least 14 calendar days before the hearing date, and any brief in opposition is due at least 7 calendar days before the hearing date, under Rule 4:15(c).] [IF APPLICABLE: The hearing date, notice, and briefing schedule follow the Court's order entered on DATE OF SCHEDULING ORDER under Rule 4:15(c).]

Respectfully submitted,

[SIGNATURE] [NAME OF ATTORNEY OR PARTY] [ADDRESS] [CITY, VIRGINIA ZIP] [PHONE] [EMAIL] [VIRGINIA STATE BAR NUMBER, IF AN ATTORNEY]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a true and correct copy of this Motion for Summary Judgment and Notice of Hearing was served on [NAME OF OPPOSING PARTY OR COUNSEL OF RECORD] by [METHOD OF SERVICE], consistent with the notice periods required by Rule 4:15 of the Rules of the Supreme Court of Virginia.

[SIGNATURE] [NAME]

Virginia Requirements for Motion for Summary Judgment

7-Calendar-Day Minimum Notice Before the Hearing
Absent leave of court, notice of the hearing on a summary judgment motion must be served in writing at least 7 calendar days before the hearing date (Va. Sup. Ct. R. 4:15(b)).
14-Day Notice-and-Brief Deadline for Five-Page-or-Shorter Briefs
If the brief supporting the motion is five pages or fewer, the notice and the brief must be filed and served at least 14 calendar days before the hearing date (Va. Sup. Ct. R. 4:15(c)).
7-Calendar-Day Opposition Deadline for Five-Page-or-Shorter Briefs
Under the same default schedule, any brief in opposition to the motion must be filed and served at least 7 calendar days before the hearing date (Va. Sup. Ct. R. 4:15(c)).
Longer Briefs Shift to a Court-Set Briefing Schedule
Once the moving brief exceeds five pages, the 14-day and 7-day default no longer controls; an alternative hearing date, notice requirement, and briefing schedule may instead be determined by the court (Va. Sup. Ct. R. 4:15(c)).
Evidentiary Basis Limited to Pleadings, Orders, and Admissions
Rule 3:20 authorizes only the pleadings, any pretrial-conference orders, and admissions in the proceeding as the basis for a summary judgment motion (Va. Sup. Ct. R. 3:20).
Affidavits and Depositions Barred Except a Narrow Carve-Out
Affidavits and discovery depositions under Rule 4:5 generally may not support or oppose the motion, unless all parties agree, unless the only parties are business entities and the amount at issue is $50,000 or more, or unless the motion seeks dismissal of a punitive damages claim (Va. Code section 8.01-420(B), (C)).
No Separate Statement of Undisputed Facts Required
Virginia sets no statewide requirement for a separate statement of undisputed material facts; a supporting brief generally may not exceed 20 pages, double-spaced, absent leave of court (Va. Sup. Ct. R. 4:15(c)).
Barred in Divorce and Annulment Actions
Rule 3:20 categorically bars a motion for summary judgment in an action for divorce or for annulment of marriage (Va. Sup. Ct. R. 3:20).
Partial Summary Judgment on Liability or an Undisputed Portion
Interlocutory summary judgment may be entered on the undisputed portion of a contested claim, or on the issue of liability alone, even though the amount of damages remains genuinely disputed for trial (Va. Sup. Ct. R. 3:20).

Find out where you stand in Virginia

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Summary Judgment Template with DocDraft

Virginia Requirements for Motion for Summary Judgment

7-Calendar-Day Minimum Notice Before the Hearing

14-Day Notice-and-Brief Deadline for Five-Page-or-Shorter Briefs

7-Calendar-Day Opposition Deadline for Five-Page-or-Shorter Briefs

Longer Briefs Shift to a Court-Set Briefing Schedule

Evidentiary Basis Limited to Pleadings, Orders, and Admissions

Affidavits and Depositions Barred Except a Narrow Carve-Out

No Separate Statement of Undisputed Facts Required

Barred in Divorce and Annulment Actions

Partial Summary Judgment on Liability or an Undisputed Portion

Frequently Asked Questions