Departments: Circuit Court Clerk

CRIMINAL APPEALS PROCEDURE

Rules of Court: Part Five A
Jurisdiction of Court of Appeals: §17.1-406

To appeal a criminal case to the Court of Appeals, the appealing party or attorney must:

1. File a Notice of Appeal with the trial court. Rule 5A:6

Due 30 days after entry of final judgment or other appealable order or decree.

Original Notice of Appeal is filed in the clerk’s office of the trial court. §17.1-407

Copy of Notice of Appeal is mailed or delivered to all opposing counsel and the Clerk of the Court of Appeals.

The copy of the Notice of Appeal mailed to the Clerk of the Court of Appeals must be accompanied by a $50.00 filing fee. (§17.1-418 & Rule 5A:6(c)), payable in cash or by check or money order made payable to the Court of Appeals of Virginia. One who has been determined by the trial court to be indigent or who is represented by appointed counsel is excused from paying the fees.

The forms for a notice of appeal and for the required certificate are at Rule 5A:6 or can be accessed at the following website:

http://www.courts.state.va.us/cav/forms/home.html
http://www.courts.state.va.us/cav/forms/notice_of_appeal.pdf
2. File Transcript or Written Statement of Facts. Rule 5A:8

Transcript due 60 days after entry of judgment appealed.

Extension of time to file a transcript – (Extensions only by the Court of Appeals of Virginia. Rule 5A-3(b), 5A:8(a); also refer to Jordan vs. Price, 3 VA. App.672, 353 S.E.2d 168 (1987)

Transcripts are filed in the clerk’s office of the trial court.

Within 10 days of filing the transcript with the trial court written notice must be sent to all counsel or parties of the date on which the transcript was filed, and file a copy of the said notice with the trial court.

Written Statement of Facts: (in lieu of transcript) must be filed in the office of the clerk of the trial court within 55 days after entry of judgment appealed. See Rule 5A:8(c) for additional requirements.

3. Preparation and Transmission of Record. Rule 5A:10

Clerk of the trial court sends trial court record to the Court of Appeals.

Clerk of the Court of Appeals notifies the parties of the date on which the record was filed.

The clerk of the trial court is not required to transmit exhibits of unusual bulk, weight or character with the record unless directed to do so by a party or by the clerk of the appellate court. Rule 5A:10(d)(4). The party desiring to make such exhibits part of the record must arrange for their transportation and receipt.

4. File Petition for Appeal. Rule 5A:12

Due 40 days after the trial court record filed.

Filed in the Clerk’s Office of the Court of Appeals.

Original plus three copies required.

Appellant must indicate whether oral argument before a panel of judges is requested.

After the petition for appeal is filed, the Commonwealth’s Attorney may file a brief in opposition. If oral argument before a panel of three judges is requested, the appellant will be notified of the time and place for argument. (The appellee is not entitled to be heard.) Otherwise, appellant will likely not hear anything from the Court of Appeals until the petition has been decided. Notification of the disposition of the case is always in writing. If the appeal is granted, further steps must be taken to pursue the appeal:
5. File appendix and opening brief. Rules 5A:19, 20 & 25

Due 40 days after the certificate of appeal from the Court of Appeals.

Filed in the Court of Appeals clerk’s office.

Seven (7) copies must be filed; three (3) copies must be sent to opposing counsel.

Contact Court of Appeals for cover and binding requirements.

6. Appellee’s brief is due 25 days after the opening brief is filed.
7. Oral argument is automatically scheduled on appeals unless counsel sends written notification that counsel waives the hearing, Rule 5A:28, or the Court summarily affirms the trial court, Rule 5A:27.

Copies of all documents filed must be sent to opposing counsel. Rule 5A:1(b)(10).
These are minimum requirements. Your case may have other requirements.
Please read all of the applicable rules and statutes.

Rules of the Supreme Court of Virginia, published in Volume 11, Code of Virginia Annotated.

Current law prohibits the Clerk’s office staff from giving any legal advice. For further information about the appeal process please contact the court of appeals.

Court of Appeals of Virginia
109 North Eighth Street
Richmond, Virginia 23109-2305

Telephone (804) 371-8428

Civil Appeals

To appeal a civil case from a circuit court to the Court of Appeals, the appealing party or attorney must:

1. File a notice of appeal. Rule 5A: 6.

Due 30 days after entry of the judgment appealed, original filed in clerk's office of trial court.

Copy filed in clerk's office of Court of Appeals, accompanied by $50 filing fee, see VA. CODE §4.1-120.1 (A) and Rule 5A: 6(c), payable in cash or by check or money order made payable to Court of Appeals of Virginia.

The forms for a notice of appeal and for the required certificate are at Rule 5A: 6.

2. File bond for costs. VA. CODE 8.01-676.1.

Due when notice of appeal is filed.

Filed in clerk's office of trial court, amount of bond is $500 unless reduced by trial court.

May be waived if appellant is determined by trial court to be indigent.

Forms for bond appear at the end of the Part 5A of the Rules.

3. File transcript or statement of facts. Rule 5A: 8.

The Transcript is due 60 days after entry of judgment. (Extensions only by the Court of Appeals of Virginia. Rule 5A:8(a); see also Jordan v. Price, 3 Va. App. 672, 353 S.E.2d 168 (1987).) You will need to File in clerk’s office of the trial court. You must send opposing counsel notice that transcript has been filed within 5 days.

Statement of facts (in lieu of transcript) due 55 days after entry of judgment appealed. See Rule 5A: 8 for additional requirements.

It is the parties’ responsibility to ensure that any transcripts or statements of fact are filed within the established time frames and that notices of such are sent.

The Clerk's Office staff is prohibited by law from giving any legal advice or advice concerning how to proceed on an appeal.

4. Clerk of trial court sends trial court record to Court of Appeals. Clerk of Court of Appeals notifies parties of the date on which record was filed.

5. File statement of questions presented and designation of contents of appendix. Rule 5A: 25.

Due no later than 15 days after trial court record filed. Filed in clerk’s office of Court of Appeals.

6. File appendix and opening brief. Rules 5A: 19, 20 and 25.

Due 40 days after trial court record filed.

Filed in clerk's office of Court of Appeals.

Seven copies must be filed; three copies must be sent to opposing counsel.

Contact Court of Appeals for cover and binding requirements

7. Oral argument is automatically scheduled on appeals unless counsel sends written notification that counsel waives the hearing, Rule 5A: 28, or the Court affirms the trial court summarily, see Rule 5A: 27.

Copies of all documents filed must be sent to opposing counsel. Rule 5A: 1(b)(10). These are minimum requirements. Your case may have other requirements. Please read all of the applicable rules and statutes.

Current law prohibits the Clerk’s office staff to give out any legal advice. For further information about the appeal process, Please refer to the Rules of the Supreme Court for more complete information pertaining to appeals, along with the deadlines and fees associated with appeals. You may also contact the Virginia Court of Appeals at the address and telephone below:

Court of Appeals of Virginia
109 North Eighth Street
Richmond, Virginia 23109-2305
Phone: 804-371-8428

Clerk of Circuit Court

Dinwiddie County Courthouse
14008 Boydton Plank Road
3rd Floor
PO Box 63
Dinwiddie, VA 23841

Phone: (804) 469-4540 Fax: (804) 469-5383

Contact Us: Clerk of Circuit Court

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