Va. Sup. Ct. R. 3:20

Any party may make a motion for summary judgment at any time after the parties

are at issue, except in an action for divorce or for annulment of marriage. If it appears

from the pleadings, the orders, if any, made at a pretrial conference, the admissions, if

any, in the proceedings, that the moving party is entitled to judgment, the court shall

grant the motion. Summary judgment, interlocutory in nature, may be entered as to the

undisputed portion of a contested claim or on the issue of liability alone although there is

a genuine issue as to the amount of damages. Summary judgment may not be entered if

any material fact is genuinely in dispute. No motion for summary judgment or motion to

strike the evidence will be sustained when based in whole or in part upon any discovery

depositions under Rule 4:5, unless all parties to the action agree that such deposition may

be so used, or unless the motion is brought in accordance with the provisions of

subsection B of § 8.01-420. As further provided in subsection C of § 8.01-420,

depositions and affidavits may be used to support or oppose a motion for summary

judgment in any action where the only parties to the action are business entities and the

amount at issue is $50,000 or more.