VA Civ Pro 12

Question 1

A motion for a new trial amounts to:

Answer 1

A motion to vacate or revoked the prior judgment, enter to implement Jerry’s verdict. In Virginia a trial court judgment remains within the power of the trial court for suspension, modification, or vacation for 21 days. This 21 day. Is called and the rest of the court. It’s a Court does not suspend, vacate, or modify a judgment within the 21 day period, the court loses jurisdiction to do so.

Question 2

Proper appeal from circuit court:

Answer 2

1. A notice of appeal must be filed with the trial court within 30 days after the entry of the order appealed from. It must be filed with the trial court, with a copy filed with the court of appeals and copies being sent to all the parties.

Question 3

Steps after filing notice of appeal: filing fee

Answer 3

1. A filing fee is required at the time, the appellant files, a copy of the notice of appeals with the court of appeals. If he is not paid at that time, the clerk will file the notice, but if he must be paid within 10 days after that notice. If the fee is not paid in that time, the appeal is dismissed.

Question 4

Steps after filing notice of appeal: opening brief:

Answer 4

The appellant must file an opening brief within 40 days of the filing of the record. The opening brief must contain a statement of fact, the material proceedings in the trial court, and the assignments of error.

The appellee’s reply brief is due 30 days after the opening brief

The appellant May file a reply 14 days there after

Question 5

Oral argument in court of appeals

Answer 5

Oral argument will be permitted unless the court of appeals unanimously agrees that oral argument is unnecessary. The court of appeals may decide to proceed without oral argument either because (1) the appeal is without merit or because (2) clear, president exist, and the appellate has not argued that it should be reversed

Question 6

Options if one of several parties does not file appeal properly:

Answer 6

1. Argue that once a co-party has perfected an appeal, he can file a notice of cross error, and seek review of portions of the judgment, as to which he is an agreed to party.
2. May also attempt to join the appeal and assert only those issues that the appealing party has perfected.
3. Attempt to file a late but proper notice of appeal.

Question 7

Filing a late but proper notice of appeal

Answer 7

The appellate court does have the authority to grant an extension of time for a good cause, and in the interest of justice