searchSearch
translate
go backBack

Circuit Court Clerk's Office

Menu

Appeals

Appeal from Lower Court to Circuit Court

Appeal from Circuit Court to Court of Appeals/Supreme Court

General Appeal Procedures

Court of Appeals Guidelines

Supreme Court Appeal Guidelines

 

 

APPEAL FROM LOWER COURT TO CIRCUIT COURT
Lower Courts are Juvenile and Domestic Relations (J&DR) Court and General District Court.

For an appeal from J&DR Court (703-792-6160), the appeal notice is initiated in Juvenile Court. The J&DR Clerk will give a date that is the Circuit Court trial date. Circuit Court Clerk’s Office does not have jurisdiction to expedite a hearing date for an appeal.

Special Note for Criminal Appeals: Visit the J&DR Court Website about the appeals process from that Court to Circuit Court.

For a civil appeal from General District Court (703-792-6149), the appeal notice is initiated in General District Court. The date is set for Circuit Court Term Day by Circuit Court.

For a criminal appeal from General District Court (703-792-6141), the appeal notice is initiated in General District Court. Appeals are set on Thursdays. (Manassas Park set on 5th Thursdays only. Town of Dumfries Occoquan and Quantico are set on the 1st and 5th Thursday; Town of Haymarket is the 2nd & 3rd Thursday. The appeal is set at least 45 days but no more than 60 days from conviction date.

The Circuit Court usually does not receive the case immediately. To determine if Circuit Court has received the case, check the Supreme Court Case Management System website and select Prince William County Circuit.

To withdraw an appeal, an order to withdraw the appeal from Circuit Court must be signed by a judge. A written request by mail is not sufficient. There must have a court order signed by the judge.

 

APPEAL FROM CIRCUIT COURT TO COURT OF APPEALS/SUPREME COURT

GENERAL APPEAL PROCEDURES

Once a final judgment or other appealable order or decree has been entered by the Circuit Court either party to a case plaintiff or defendant may seek appellate review of such judgment decree or order. The two tribunals which have appellant jurisdiction to review final judgments are the Supreme Court and the Court of Appeals.

Perfecting an appeal refers to the legal process by which an appeal is taken to a higher court. The procedures relating to appeals to the Supreme Court and Court of Appeals are set out in the Rules of the Supreme Court Volume II Parts 5 & 5A.

Notices of Appeal: Notices of appeal must be filed in writing in the Clerk’s office within thirty (30) calendar days of the entry date of a final judgment or other appealable order. The Notice of Appeal must reflect the date of the order being appealed and to which Court (Court of Appeals or Supreme Court) the case is being appealed.

Fees

Filing fee $20.00 Must be submitted at the time of the filing of the “Notice of Appeal'

The Court will accept cash check or money order made payable to the

Clerk of Circuit Court
9311 Lee Avenue – Third Floor
Manassas Virginia 20110

Please note: There is a separate $50 fee due payable to the Appellate Court to which the Court the case is being appealed. Please contact that court for more information.

Once a Notice of Appeal is filed the Circuit Court clerk is responsible for preparing the record on appeal and transmitting it to the Appellate Court within 90 days. The parties will receive a Table of Contents from Circuit Court when the case has been transmitted to the Appellate Court.

Filing an appeal to the Court of Appeals or the Supreme Court does not mean that you automatically get a new trial. The appellate court will determine if judicial error was made in the case. The final decision of the Appellate Court in a case is called a “Mandate.” The mandate may affirm or reverse the ruling of the trial court or it may dismiss the appeal. If an appeal ends in reversal of the trial court’s decision and remands the case for a new trial the matter is returned to this court to set the matter on the docket for a new trial.

Appeals should contain all information required by the Rules of the Supreme Court (Code of Virginia Volume II Code) comply with the statutory requirements and include to which court the case is being appealed (Virginia Code § 8.01-670 or Virginia Code § § 17.1-405 – 17.1-408).

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

The Court has guidelines for appeals to the Court of Appeals and Supreme Court. For more information, go to the Virginia's Judicial Center website.

Some of the procedures are jurisdictional and require strict compliance. 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.

The Clerk’s office staff is prohibited by law to give out any legal advice or to advise how to proceed on an appeal.

 

 

COURT OF APPEALS OF VIRGINIA
CIVIL APPEALS PROCEDURE

The Court of Appeals is the intermediate appellate court with limited jurisdiction.

Rules of Court: Part Five A
Jurisdiction of Court of Appeals: Virginia Code § 17.1-405 and Virginia Code § 17.1-406

To appeal a civil 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. Virginia Code § 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 (Virginia Code § 17.1-418 & Rule 5A:6(c)).
  • The forms for a Notice of Appeal and for the required certificate are at Rule 5A:6 or can be accessed below:

Notice of Appeal from Trial Court (Instructions)

2. File a bond for costs. Virginia Code § 8.01-676.1

  • Due when the Notice of Appeal is filed.
  • Filed in the Clerk’s Office of the trial court.
  • Amount of the bond is $500.00 or such sum as the trial court may require.
  • Bond may be waived if appellant is determined by the trial court to be indigent.
  • Forms for bond appear at the end of the Part 5A of the Rules of Court.

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

  • Transcript due 60 days after entry of final judgment.
  • Extension of time to file transcript – A judge of the Court of Appeals upon a motion filed within 60 days after entry of the final judgment may extend this time for good cause shown. Rules 5A:8(a).
  • 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 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.


4. 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.

5. Appellant to 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 Court of Appeals Clerk’s Office.

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

  • Due 40 days after circuit court record filed.
  • 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 the 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 the applicable rules and statutes.

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

Court of Appeals of Virginia
109 North Eighth Street
Richmond Virginia 23109

 

 

SUPREME COURT OF VIRGINIA

CIVIL APPEAL PROCEDURES

The Supreme Court of Virginia is that state court of last resort. It has appellate jurisdiction over an appeal directly from a final decision of a circuit court in civil cases where the matter of controversy exceeds $500.00 except those cases which are appeals of decisions by an administrative agency or juvenile and domestic relations cases.

In appealing cases to the Supreme Court of Virginia time is very important and the steps listed must be taken with the prescribed times. The parties are responsible to ensure all the mandated steps are followed

Rules of Court: Part Five
Supreme Court Jurisdiction: Virginia Code § 8.01-670

To appeal a civil case to the Supreme Court of Virginia among other requirements the appealing party or attorney must take the following jurisdictional steps:

1. File a Notice of Appeal with the trial court. Rule 5:9

  • 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.
  • Copy of Notice of Appeal is mailed or delivered to all opposing counsel

2. File Transcript or Written Statement of Facts. Rule 5:11

  • Transcript due 60 days after entry of final judgment.
  • Extension of time to file a transcript – A judge of the Supreme Court upon a motion filed within 60 days after entry of the final judgment may extend this time for good cause shown. Rule 5:5(a).
  • 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.

3. Preparation and Transmission of Record. Rule 5:13

Clerk of the trial court sends trial court record to the Supreme Court within three (3) months after the date of the entry of the judgment appealed from in accordance with Rule 5:13.

4. Filing of Petition with the Supreme Court

  • Within three (3) months after judgment is entered in the trial court the appealing party or his attorney must file a petition for appeal in the Supreme Court of Virginia. Rule 5:17.
  • The Petition must contain assignments of error. Rule 5:17(c).
  • The Petition is mailed to the Clerk of the Supreme Court of Virginia and must be accompanied by a $50.00 filing fee. See Virginia Code § 17.1-328 and Rule 5:17(c)(f). Contact the Supreme Court for methods of payment.

5. Bond

  • The Supreme Court in its discretion may require a costs bond with security generally in the amount of $500.00 upon awarding the appeal. Virginia Code § 8.01-676.1(B).
  • Any bond ordered by the Supreme Court must be filed and processed in the Circuit Court Clerk’s Office of the trial court.

Supreme Court of Virginia
100 North Ninth Street
Richmond VA 23219
804-786-2251

Please notify the Circuit Court Clerk's Office by email if you find that any of the links on this page do not work.