Appeals (Part XIII) Flashcards
An appeal from the General District Court is appealable as of right to
the Circuit Court.
To appeal a final judgment or order of the General District Court to the Circuit Court, a party must
(i) file a written Notice of Appeal with the General District Court;
(ii) within 10 days of the entry of final judgment; and
(iii) furnish an appeal bond (if D is appellant).
A case appealed from the General District Court to the Circuit Court is heard
de novo.
An appeal from the Circuit Court is as of right to
the Virginia Court of Appeals.
To appeal a final judgment or order of the Circuit Court to the Virginia Court of Appeals, a party must
(i) file a Notice of Appeal with the Circuit Court within 30 days of entry of the order;
(ii) furnish an appeal bond;
(iiii) file a brief with the Ct. of Appeals within 40 days; and
(iv) file Transcript and Statement of Facts with Ct. or Appeals within 60 days of entry of the order.
In the Virginia Court of Appeals, an appellee’s brief is to be filed
within 25 days after the appellant’s brief is filed.
In the Virginia Court of Appeals, an appellant’s reply brief is to be filed
within 14 days after the appellee’s brief is filed.
Appeals to the Virginia Supreme Court are
by petition.
To appeal a case to the Virginia Supreme Court, an appellant must
(i) file a Notice of Appeal with the trial court within 30 days of entry of final judgment;
(ii) file an appeal bond 15 days after certificate of appeal;
(iii) file petition with the Va. Supreme Ct. (90 days after entry by trial court; 30 days after entry by Ct. of Appeals); and
(iv) file brief in the Va. Supreme Ct. within 40 days after the certificate of appeal was issued.
An appeal filed in the wrong court will not cause the appeal to be dismissed, and the court in which the appeal is wrongly filed will
transfer the appeal to the correct appellate court.
