Virginia Final Judgment of Conviction and Sentence Instanter
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FAQ
Stay is an action taken by a court to stop a legal proceeding or the actions of a party. A stay most commonly is issued by a court as a stay of proceedings in order to stop litigation from continuing, and they normally are only temporary.
Entry of judgment is a final recording of the decision and opinion, if the court made one. When the entry is complete depends on the jurisdiction, but the entry usually either occurs after the decision is inserted into the docket or sent to a specified official.
A judgment becomes "final and executory" by operation of law. Finality of judgment becomes a fact upon the lapse of the reglementary period to appeal if no appeal is perfected. In such a situation, the prevailing party is entitled to a writ of execution, and issuance thereof is a ministerial duty of the court.
Sometimes the Government will agree, as part of a plea agreement, not to recommend a particular sentence, but it is up to the judge to determine how the defendant will be punished. If a defendant pleads guilty, there is no trial, and the next step is to prepare for a sentencing hearing.
Judgment - The official decision of a court finally determining the respective rights and claims of the parties to a suit.
Oral argument on a motion for reconsideration or any motion in any case where a pro se incarcerated person is counsel of record shall be heard orally only at the request of the court. A court may place reasonable limits on the length of oral argument.
"Finality" is the term which refers to when a court renders a final judgment on the merits. Res judicata is also frequently referred to as "claim preclusion," and the two are used interchangeably throughout this article.
In the judgment of conviction, the court must set forth the plea, the jury verdict or the court's findings, the adjudication, and the sentence. If the defendant is found not guilty or is otherwise entitled to be discharged, the court must so order. The judge must sign the judgment, and the clerk must enter it.
