Appeals and Procedure Flashcards
What judgments are there a right to appeal?
Only final judgments–if not final, it’s an “interlocutory” order
Is entry of a nonsuit appealable if D does not object?
No–it was without prejudice
Is entry of nonsuit appealable if D DOES object?
Yes–D can appeal on whether a nonsuit should have been granted
When may CC certify pretrial interlocutory ruling for appeal to appropriate appellate court?
When a party requests such an order and the court certifies that:
1. There is substantial ground for difference of opinion
2. There is no clear VA appellate precedent
3. Determination of the issue will be dispositive of a material aspect of the case AND
4. Court and parties agree that it is in the parties’ best interest to seek interlocutory review
Within 15 days, party petitions COA to hear matter and COA has discretion whether to hear
When may a partial final judgment be appealable?
In cases involving multiple parties where the following things are true:
1. Trial court enters “partial final judgment” on the claim (e.g., enter judgment against D-2 but not D-1)
2. Interests involved are separate and distinct from those remaining
3. Results of appeal on the partial final judgment will not affect decision in the remaining causes of action and (4) results of the remaining issues cannot affect disposition of the cause of action determined in the partial final judgment
When may a party appeal from GDC to CC?
Where the final judgment involves more than $20–CC hears case de novo
When must aggreived party file notice of appeal?
In GDC no later than 10 days after entry of judgment
* Seeking rehearing does not alter this time table
What is the bond requirement in GDC appeals?
Party must post bond and pay writ tax and costs in GDC no later than 30 days after entry of judgment (10 days in unlawful detainer cases)
When may a party appeal from CC to VA COA?
Appeal as of right for final judgments in civil cases involving $500 or more
How does one perfect an appeal from CC to COA?
File notice of appeal with the clerk of the circuit court no later than 30 days after entry of judgment
* Send copies to all opposing counsel
What must be included in the notice of appeal to CC?
State whether a transcript of the trial or statement of facts, testimony, or other incidents of the case will be filed
With who else must a party file a copy of a notice of appeal?
With the Court of Appeals
* Filing fee is required–if not paid, clerk will file notice, but fee must be paid within 10 days after that notice and if not, appeal dismissed
What is the record on appeal?
The documents and exhibits, instructions given and refused, and trial court orders
* Transciprt may be included if filed with CC within 60 DAYS
* Clerk of CC prepares record on appeal and sends it to COA–COA sends notice of filing of record to all parties
When is the brief due to the COA?
(1) Appellant files opening brief within 40 days of the filing of the record
* Must contain: (1) statement of nature of the case and proceedings at circuit court and (2) assignments of error with references to the record where error was preserved
(2) Appellee’s reply brief due 30 days after opening brief
(3) Appellant may file reply 14 days thereafter
What is the rule on oral arguments at COA?
In appeals of right, OA permitted unless COA unanimously agrees that oral argument is unnecessary
