"Rule 1:1 does not require incantation; it requires specificity."
Rule 1.1 of the Supreme Court of Virginia is that the Final Order of a trial is final after 21 days. And we mean final. We really mean it. For real.
In Russell v. Commonwealth, DEC24, VaApp no. 0822-22-2, the trial court entered a Final Order and within 21 days it entered a stay of execution. The Court of Appeals said that's about when the sentence starts being served, not whether the sentence is final. The trial court did not state it was maintaining jurisdiction over the imposition of the sentence within 21 days so it stands. Appellant's attorney accused the Court of Appeals of requiring "magic words." The Court of Appeals took umbrage.
What's up with "magic words" anyway? Aren't we supposed to be lawyers with slightly elevated linguistic abilities? Has everyone forgotten the word 'pedantic?' Time to up your game guys.
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