Appeals and Procedure

Question 1

There is a right to appeal…

Answer 1

final judgments.

Question 2

If a court order is not a final judgment, it is an…

Answer 2

interlocutory order.

Question 3

Suppose a plaintiff wants to take a nonsuit, to which the defendant does not object, is the entry of the nonsuit appealable?

Answer 3

No, it was without prejudice.

Question 4

Suppose a plaintiff wants to take a nonsuit. The court allowed the plaintiff to take such nonsuit, but the defendant objects and argues that nonsuit was not proper under the circumstances. The court enters nonsuit. Is this nonsuit a final judgement?

Answer 4

Yes, the defendant may appeal on whether the nonsuit should have been granted.

Question 5

The circuit court may certify a pretrial interlocutory ruling for appeal to the appropriate appellate court. A party must request such an order and the court must certify that:

Answer 5

1. There is substantial ground for difference of opinion;
2. There is no clear Virginia appellate precedent;
3. A determination of the issue will be dispositive of a material aspect of the case; and
4. The court and parties agree that it is in the parties’ best interest to seek interlocutory review.

Question 6

When must a party petition the court of appeals to hear a certified pre-trial interlocutory matter?

Answer 6

Within 15 days.

Question 7

An appellate court (may/must) hear a certified pretrial interlocutory matter.

Answer 7

may, it is up to the appellate court’s discretion.

Question 8

In cases involving multiple parties, a partial final judgment as to one may be appealable if these things are true:

Answer 8

1. The trial court enters “partial final judgment” on the claim;
2. The interests involved are separate and distinct from those remaining;
3. Results of appeal on the partial final judgment will not affect decision in the remaining causes of action; and
4. Results of the remaining issues cannot affect disposition of the cause of action determined in the partial final judgment.

Question 9

In an appeal from GDC to circuit court for final judgments involving more than $20…

Answer 9

the circuit court hears the case de novo.

Question 10

To appeal from GDC to circuit court, a party must file…

Answer 10

notice of appeal in GDC, no later than 10 days of entry of judgment.

Question 11

To appeal from GDC to circuit court, a party must post bond and pay writ tax no later than…

Answer 11

30 days after entry of judgment.

[BUT – 10 days in unlawful detainer cases].

Question 12

Generally, there is a right to appeal final judgments of the circuit court in __________ to the Virginia Court of Appeals.

Answer 12

Civil cases involving $500 or more

Question 13

When the appeal is of right, the appellant must file…

Answer 13

A notice of appeal with the clerk of the circuit court.

Question 14

When the appeal is of right, the appellant must file a notice of appeal with the clerk of the circuit court no later than…

Answer 14

30 days after entry of judgment.

Question 15

Who must a filing party send copies of their notice of appeal to?

Answer 15

all opposing counsel.

Question 16

What perfects a party’s appeal in the Virginia court of appeals?

Answer 16

The timely filing if a notice of appeal with the clerk of the circuit court.

Question 17

Do post-trial motions extend the period for which a party must file their notice of appeal?

Answer 17

No.

Question 18

A party’s notice of appeal must state:

Answer 18

Whether a transcript of the trial or statement of facts, testimony, and other incidents of the case will be filed.

Question 19

After filing a notice of appeal with the clerk of the circuit court, an appellant must also file…

Answer 19

a copy of the notice of appeal with the court of appeals.

Question 20

What else is required at the time an appellant files a copy of their notice of appeal with the court of appeals?

Answer 20

A filing fee.

Question 21

If the appellant fails to pay the filing fee at the time of filing, what happens?

Answer 21

The clerk will file the notice of appeal, but the fee must be paid within 10 days after that notice.

If the filing fee is not paid in that time, the appeal is dismissed.

Question 22

A record on appeal consists of…

Answer 22

the documents and exhibits, instructions given and refused, the trial court orders, etc.

Question 23

A transcript of the proceedings may be included in the record of appeals if it is filed with the circuit court within…

Answer 23

60 days after entry of final judgment.

Question 24

Who prepares the record on appeal?

Answer 24

The clerk of the trial court.

Question 25

After receiving the record on appeal from the trial court, what must the court of appeals then do?

Answer 25

Send a notice of filing of the record to all parties.

Question 26

The filing of the record on appeal triggers the following steps:

Answer 26

1. Appellant must file its opening brief within 40 days after that filing;
2. The appellee’s reply brief is due 30 days after the opening brief; and
3. The appellant may file a reply to that 14 days thereafter.

Question 27

An appellant’s opening brief must contain:

Answer 27

1. A statement of the nature of the case and proceedings at the circuit court; and
2. Assignments of error with references to the record where the error was preserved.

Question 28

Can an appellee’s reply brief make additional assignments of error?

Answer 28

Yes, they must protect their interests as well.

Question 29

In appeals of right, oral arguments will be permitted unless…

Answer 29

the court of appeals unanimously agrees that oral argument is unnecessary, either because the appeal is without merit or because clear precedent exists and the appellant has not argued that it should be reversed.

Question 30

A petition for appeal is used when…

Answer 30

the appeal is discretionary.

Question 31

A person aggrieved by a final decision of the Virginia court of appeals may…

Answer 31

petition the Virginia Supreme Court for review.

Question 32

While most appeals go to the Virginia Supreme Court by petition, there are some appeals that go directly from the circuit court to the supreme court, such as…

Answer 32

judgments of the State Corporation Commission.

Question 33

The Virginia Supreme Court has jurisdiction to issue…

Answer 33

writs of mandamus and prohibition.

Question 34

How much is the filing fee for the Virginia Court of Appeals?

Answer 34

$50.

Question 35

Who must order a transcript for an appeal?

Answer 35

The court reporter.

Question 36

Except for good cause shown or to enable the court of appeals to attain the ends of justice, no ruling…

Answer 36

of the trial court will be considered as a basis for reversal unless the objection was stated with reasonable certainty at the time of the ruling.