Civil Appeal Procedures

Civil Appeals

• File a notice of appeal. Rules of the Supreme Court, Rule 5A: 6.

  • Due within 30 days of entry of the judgment appealed, original filed in clerk’s office of trial court.
  • Copy filed in clerk’s office of the appellant court, 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 Appellant Court.
  • The forms for a notice of appeal and for the required certificate are at Rule 5A: 6.

• 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.

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

  • The transcript is due within 60 days of entry of judgment. 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 within 55 days of 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.

• Clerk of trial court sends trial court record to the Appellant Court. The Clerk of the Appellant Court notifies parties of the date on which record was filed.

• 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 the Appellant Court

• 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 the appellant court.
  • Seven copies must be filed; three copies must be sent to opposing counsel.
  • Contact the appellant court for cover and binding requirements

• 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.

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.