VA Civ Pro--Appeals Flashcards
If P wants to take a nonsuit, to which D does not object. Is the entry of the nonsuit appealable?
No. It was without prejudice.
P wants to take a nonsuit. The court allowed P to take a nonsuit, but D objects and argues that nonsuit was not proper under the circumstances. The court enters a nonsuit. Is the nonsuit a final judgment?
Yes, D can appeal on whether nonsuit should have been granted.
If a court order isn’t a final judgment, it’s a ____________ order.
Interlocutory order.
What’s the process for certifying a pretrial interlocutory ruling for appeal?
For the circuit court to 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:
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’s in the parties’ best interest to seek appellate review.
Then within 15 days the party petitions the court of appeals to hear the matter; the court of appeals has discretion whether to do so.
In a case involving multiple parties, can a partial final judgment be appealable (even though it’s not a final judgment for the whole case)?
Yes.
If P sues D-1 and D-2, and the court enters judgment against D-2 but P’s claim against D-1 is still pending, D-2 as the loser on the ruling can appeal if what things are true?
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.
What judgments can be appealed from GDC to Circuit Court?
Final judgments which involve more than $20. The Circuit Court hears the case de novo.
When and where must the aggrieved party file a notice of appeal?
The aggrieved party must file a notice of appeal in GDC no later than 10 days after entry of judgment.
When and where must the aggrieved party post a bond?
The aggrieved party must post bond and pay writ taxes in GDC no later than 30 days after entry of judgment (10 days in unlawful detainer cases).
True or False: There is a right to appeal final judgments of the circuit court in civil cases involving $500 or more to the Virginia Court of Appeals.
TRUE.
When the appeal is as of right, what must be filed, with whom, and by when?
The appellant must file a notice of appeal with the clerk of the circuit court no later than 30 days after entry of judgment. Copies must be sent to all opposing counsel.
What is the effect of timely filing the notice?
It perfects the appeal.
Do post-trial motions extend the 30-day filing deadline?
NO.
What must the notice of appeal state?
Whether a transcript of the trial or statement of facts, testimony, and other incidents of the case will be filed.
After filing with the clerk of the circuit court, who does the appellant file with next, and what must be paid?
The court of appeals; a filing fee.
What happens if the filing fee isn’t paid?
The clerk will still file the notice, but the fee must be paid within 10 days after that notice. If not, the appeal is dismissed.
What is a record on appeal?
A record on appeal consists of the documents and exhibits, instructions given and refused, the trial court orders, etc. A transcript may also be included if filed with the circuit court within 60 days. Parties may object to the transcript
Who prepares the record on appeal and what additional steps must be taken?
The clerk of the trial court prepares the record on appeal. They then send it to the court of appeals. Then, the court of appeals sends a notice of filing of the record to all parties.
What is the effect of filing the record?
Once the record is filed with the court of appeals, it triggers the deadline for parties to file briefs.
Within how many days of the filing must the appellant file its opening brief?
40 days.
After the opening brief is filed, within how many days must the appellee file a reply brief?
Within 30 days from when the opening brief is filed.
After the reply brief is filed, within how many days may the appellant file a reply to the reply brief?
Within 14 days thereafter.
What must the opening brief contain?
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 error was preserved.
True or False: The appellee’s brief can make additional assignments of error.
TRUE.
