What to do in your 30-day appellate window?

If you had a civil trial in a Virginia Circuit Court that you believe was decided in violation of the law, you may consider appealing it to the Virginia Court of Appeals. To do this, you will need to file a notice of appeal within thirty days of the entry of a final order or judgment. Virginia Code § 8.01-675.3. Appeals are complicated, and you should hire an experienced attorney to help you navigate the process. The timeline moves quickly so it is best to speak with an attorney as soon as possible to make sure you are prepared to meet all the deadlines.

What should you do during that 30-day period?

You should consider:

• Filing your Notice of Appeal. It is better to file it as early as possible, as failing to notice your appeal by the deadline can be a serious issue.

• Filing any appropriate post-judgment pleadings. If you know you want to appeal the issue, you should loop in appellate counsel to make sure the error is preserved in the record.

• Gathering all the transcripts from the hearings in your case. The court reporter may need time to prepare them, so the earlier you can order them, the better.

• Collecting all the filings to the Court in your case.

• Determining where exactly the error occurred in the trial court and making sure you gave the trial court a chance to fix it.

• Beginning to research what legal authority supports your position and what law is against your position.

Simultaneously with noticing your appeal, you will need to file an appeal bond or irrevocable letter of credit “in the penalty of $500.” Virginia Code § 8.01-676.1. Banks can provide the letter of credit, but it may take time and will depend upon that bank’s policies. We can help you navigate the appellate process, at each step of the way.