Notice of Appeal
Notice 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 include the date of the Order being appealed and which Court (Supreme Court or Court of Appeals (the case is being appealed. A $50.00 filing fee must be submitted when filing the Notice of Appeal.
Once a Notice of Appeal is filed, the Circuit Court is responsible for preparing the record and transmitting it to the designated appellate court within Ninety (90) days.
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 at the appellate level 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 the appeal ends in reversal of this trial court’s decision and remands the case for a new trial, the matter is returned to this court for a new trial.
Appeals should contain all information required by the Rules of the Supreme Court (Code of Virginia Volume 11) and comply with the statutory requirements. The appeal should also include which court the case is being appealed (Supreme Court-Code Section 8.01-670 or Court of Appeals-Code Section 17.1-405 thru 17.1-408)
It is the parties’ responsibility to ensure that transcripts or statements of fact are filed within the established time frames and that notice 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.