VA Civil Procedure

Question 1

Generally, each party is responsible for their own attorney fees. What is the exception to this rule?

Answer 1

Special cases such as fraud.

Question 2

How does a party appeal a Circuit Court decision?

Answer 2

1. File a notice of appeal with the clerk of the Circuit Court within 30 days of entry of the decision.
2. File an appeal bond simultaneously with the notice of appeal.
3. Pay the $50 filing fee within 10 days of the court’s receipt of the notice of appeal (unless indigent).

Question 3

Can the VA Court of Appeals choose whether to accept an appeal?

Answer 3

No. The VA Court of Appeals must accept all appeals.

Question 4

Can the VA Supreme Court choose whether to accept an appeal?

Answer 4

Yes. The decision to hear the appeal is at the VA Supreme Court’s discretion.

Question 5

Over what matters does the VA Supreme Court have appellate jurisdiction?

Answer 5

1. Civil matters not related to domestic relations.
2. Criminal cases where the death penalty is imposed.

Question 6

What is a bond?

Answer 6

A financial guarantee.

Question 7

What is a motion in limine?

Answer 7

A legal request to exclude certain evidence from a trial.