Virginia Procedural Instructions on Appeals in Norfolk and Newport News are a set of uniform procedures that are used in all appellate courts in the state of Virginia. These instructions provide guidance for attorneys, judges, and other court personnel in the appeals process. The instructions cover topics such as filing a notice of appeal, filing a transcript, and filing briefs. The instructions also provide guidance for parties to the appeal, including how to request a hearing, what to include in the brief, how to obtain a copy of the transcript, and how to present oral argument. The instructions also provide guidance for how to file a motion for rehearing or reconsideration. There are two types of Virginia Procedural Instructions on Appeals: Norfolk and Newport News. The Norfolk instructions apply to appeals from the Circuit Court and the Court of Appeals of Virginia, while the Newport News instructions apply to appeals from the United States District Court for the Eastern District of Virginia.
Virginia Procedural Instructions on Appeals. Norfolk and Newport News
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Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction. A. Any aggrieved party may appeal to the Court of Appeals from any final conviction in a circuit court of a traffic infraction or a crime.
No appeal shall be allowed unless and until the party applying for the same or someone for him shall give bond, in an amount and with sufficient surety approved by the judge or by his clerk if there is one, or in an amount sufficient to satisfy the judgment of the court in which it was rendered.
The Virginia Court of Appeals process begins with the filing of a petition for appeal from the Circuit Court judgment. If the petition is denied, the appellant has the option to seek a reconsideration by what's called a ?writ panel.? This is a panel of the court that can determine whether or not to grant the petition.
Rule 5A:19. Except by permission of a Judge of this Court, neither the opening brief of appellant, nor the brief of appellee shall exceed 12,300 words. No reply brief shall exceed 3,500 words. Briefs of amici curiae shall comply with the word limits that apply to briefs of the party being supported.
Right of appeal. Any person convicted in a district court of an offense not felonious shall have the right, at any time within ten days from such conviction, and whether or not such conviction was upon a plea of guilty, to appeal to the circuit court.
No other court of the Commonwealth shall have jurisdiction to review, reverse, correct, or annul any action of the Commission or to enjoin or restrain it in the performance of its official duties; provided, however, that the writs of mandamus and prohibition shall lie from the Supreme Court to the Commission.
A person convicted of a misdemeanor in district court may appeal the conviction to the circuit court within ten calendar days of the conviction date.
A pretrial appeal may be taken in any criminal case from an order of a circuit court dismissing a warrant, information, summons, delinquency petition, or indictment, or any count or charge thereof, on the ground that a statute or local ordinance on which the order is based is unconstitutional.