! Appeals

Question 1

What are the three types of appellate courts in Virginia?

Answer 1

The circuit court, the Court of Appeals, and the Supreme Court.

Question 2

What is the amount in controversy threshold for appeals to the circuit court?

Answer 2

Generally, it must exceed $20, except in specific cases.

Question 3

In which cases is there no amount-in-controversy threshold for appeals?

Answer 3

• Constitutionality or validity of a Commonwealth statute or ordinance
• Enforcement of rights under the Virginia Freedom of Information Act
• Protective orders
• Actions by condominium unit owners’ associations or property owners’ associations

Question 4

What must a notice of appeal include and when must it be filed?

Answer 4

It must be in writing, filed within 10 days of the judgment entry.

Question 5

What additional requirements must be met within 30 days of a judgment in a circuit court appeal?

Answer 5

• Pay the writ tax and court costs
• Pay an appeal bond

Question 6

True or False: The circuit court can consider claims that were not appealed.

Answer 6

False.

Question 7

What is the nature of an appeal in the circuit court?

Answer 7

Heard de novo, allowing for a new trial.

Question 8

What is required to withdraw an appeal?

Answer 8

A party must seek to withdraw the appeal.

Question 9

What jurisdiction does the Court of Appeals have over civil matters?

Answer 9

It hears appeals as of right from final judgments, orders, or decrees of a circuit court.

Question 10

What significant change occurred regarding appeals from the circuit court to the Supreme Court in 2022?

Answer 10

Most appeals now go to the Court of Appeals first.

Question 11

What types of decisions can the Court of Appeals review?

Answer 11

• Final decisions of circuit courts
• Decisions of administrative agencies
• Interlocutory decrees or orders

Question 12

What is the time frame for filing a notice of appeal with the Court of Appeals?

Answer 12

Within 30 days after entry of final judgment.

Question 13

What must the appellant file along with the notice of appeal?

Answer 13

An appeal bond or an irrevocable letter of credit.

Question 14

What is the deadline for filing the appellant’s opening brief?

Answer 14

Within 40 days after the record is filed.

Question 15

What is the amount in controversy threshold for appealing a circuit court judgment to the Supreme Court?

Answer 15

At least $500, unless involving specific non-pecuniary matters.

Question 16

What happens when the Court of Appeals dismisses an appeal?

Answer 16

The decision is final and not subject to further appeal.

Question 17

Fill in the blank: The circuit court is limited to trying the claim that has been _______.

Answer 17

properly appealed.

Question 18

What are the grounds for the Court of Appeals to hear interlocutory orders?

Answer 18

• Granting/modifying/refusing/dissolving an injunction
• Appointing/refusing to appoint a receiver
• Determining rights in admiralty cases

Question 19

What must the appellant do if they wish to file a transcript or statement of facts?

Answer 19

File it within 60 days after entry of the final judgment.

Question 20

What is the consequence of filing an untimely notice of appeal?

Answer 20

The Court of Appeals lacks jurisdiction to consider it.

Question 21

What is the purpose of an appendix in the appellant’s opening brief?

Answer 21

To include the initial pleading, judgment appealed from, and relevant testimony.

Question 22

What must be included in all reply briefs?

Answer 22

A certificate stating it was served on opposing counsel.

Question 23

What is the jurisdiction of the Supreme Court over civil actions?

Answer 23

To hear appeals of final judgments from the Court of Appeals.

Question 24

True or False: Decisions by the Court of Appeals can always be appealed to the Supreme Court.

Answer 24

False.

Question 25

What is the exception regarding appeals in criminal cases to the Supreme Court?

Answer 25

A convicted defendant can request reconsideration of a pretrial appeal issue.

Question 26

What is the general rule regarding the appealability of Court of Appeals decisions?

Answer 26

All decisions of the Court of Appeals are appealable to the Supreme Court, except for decisions to dismiss an appeal.

Question 27

What types of Court of Appeals decisions are considered final and not available for appeal to the Supreme Court?

Answer 27

* Appeals in criminal cases * Appeals involving involuntary treatment of prisoners * Appeals involving denial of a concealed handgun permit

Question 28

What is a certified question in the context of Virginia law?

Answer 28

A federal court or the highest court of another state may certify a question of Virginia law to the Supreme Court, which has discretion to answer.

Question 29

What is the time frame for filing a notice of appeal with the trial court?

Answer 29

The appellant must file a notice of appeal within 30 days of the entry of the final judgment or appealable order.

Question 30

What must the notice of appeal state regarding transcripts?

Answer 30

The notice must state whether any transcript or written statement of facts will be filed.

Question 31

Within how many days must the transcript be filed after the final judgment?

Answer 31

The transcript must be filed no later than 60 days after the entry of the final judgment.

Question 32

What are the requirements for a written statement of facts to become part of the record?

Answer 32

The statement must be filed within 60 days after entry of judgment and signed by the trial judge.

Question 33

What should the clerk of the trial court do after a notice of appeal is filed?

Answer 33

The clerk must prepare the record and retain it for 21 days before transmitting it to the Supreme Court.

Question 34

What is the time frame for filing a notice of appeal with the Court of Appeals?

Answer 34

The appellant must file a notice of appeal within 30 days of the entry of the final judgment or appealable order.

Question 35

What must an appellant file within 15 days from the date of a certificate of appeal?

Answer 35

The appellant must file an appeal bond or an irrevocable letter of credit.

Question 36

What must accompany a petition for appeal to the Supreme Court?

Answer 36

The filing fee must be received by the Supreme Court clerk within 10 days.

Question 37

What is included in the appellant's opening brief?

Answer 37

* Assignments of error * Standard of review * Arguments relating to each assignment of error * Appendix with relevant documents

Question 38

How long does the appellee have to file an opening brief after the appellant's brief is filed?

Answer 38

The appellee must file the opening brief within 25 days.

Question 39

What is the presumption of correctness in appeals?

Answer 39

Actions taken by the trial court are presumed to be correct, and the burden is on the appellant to prove otherwise.

Question 40

How are factual findings treated by appellate courts?

Answer 40

Factual findings are entitled to the highest degree of deference and viewed in favor of the prevailing party.

Question 41

How are legal conclusions reviewed on appeal?

Answer 41

Legal conclusions are reviewed de novo on appeal, without deference to the lower court's ruling.

Question 42

What happens if an appeal is filed in the wrong court?

Answer 42

The appeal should not be dismissed but transferred to the correct court.

Question 43

Fill in the blank: A party may object to a transcript or written statement on the grounds that it is _______.

Answer 43

erroneous or incomplete

Question 44

True or False: An appellate court hears additional evidence regarding a matter on appeal.

Answer 44

False

Question 45

What must the appellant include in the petition when appealing from a final judgment of the Court of Appeals?

Answer 45

A statement detailing how the decision involves a substantial constitutional question or matters of significant precedential value.