How to Appeal a Court’s Decision in Virginia?
Appealing a case in Virginia is quite simple if you follow the state guidelines laid out below. The first two in most every appeal is to file a notice of appeal.
Notice of Appeal
You must file your notice of appeal with the district court clerk within thirty calendar days after your final judgment. There is a $50 filing fee for civil cases. This fee is waived for criminal cases. Your notice of appeal must include the following:
- Court where your case was held.
- Names and addresses of all parties involved.
- Final judgment from the district court.
- Date of the judgment.
- Names and contact information for all attorneys.
- Proof you have served the notice of appeal on the opposing side.
You must also file a bond for court costs for another $500 at the time of filing your notice of appeal.
You must also request a copy and file the transcript with the appellate court within 60 days of your final judgment.
You then must prepare and file your appellant brief. You have only forty days after the notice of appeal to submit. You must make seven copies of your brief and serve three of them to the opposing counsel. Your brief must include the following information:
- Table of contents
- Table of authorities
- Opinions, orders, and citations for precedent cases.
- Statement of the case.
- Each error listed and explained.
- Appendix with all accompanying paperwork.
The appellee will have an opportunity to file their own brief as well, and then you can submit a reply brief if you choose.
Oral arguments are scheduled automatically; you do not have to request one.
After the briefs are filed, and the oral arguments presented, a panel of three judges will review everything and come to a final decision. This decision will be in writing, and you will be notified electronically or by mail.
If you are still unhappy after the appellate court decision, you can petition for another review or take it a higher court, the Supreme Court.