B-115 - Court Of Appeals Of Virginia Criminal Appeals Procedure printable pdf download

B-115 - Court Of Appeals Of Virginia Criminal Appeals Procedure

B-115

COURT OF APPEALS OF VIRGINIA

CRIMINAL 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: §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

 Notice of Appeal is due 30 days after entry of final judgment or other appealable order

§8.01-675.3

 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 by cash,

check or money order. Make checks and money orders 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.

 Any motion for a delayed appeal must be filed in the Court of Appeals. §19.2-321.1

 Instructions and Notice of Appeal form are located in the Rules of Virginia Supreme

Court, Rule 5A:6, or by accessing the following web site:

2. File Transcript or Written Statement of Facts. Rule 5A:8

 Transcript is due 60 days after entry of judgment or other appealable order.

 Extension of time to file a transcript must be approved by the Court of Appeals of

Virginia. Rule 5A:3(b), 5A:8(a); Ref: 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 counsel for the appellant

must send written notice to all 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 is filed in lieu of transcript and must be filed in the office

of the clerk of the trial court within 55 days after entry of judgment appealed. Rule

5A:8(c)

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.

CCR- B-115

Rev. 4/2011

B-115 - Court Of Appeals Of Virginia Criminal Appeals Procedure