Virginia Notice of Appeal
Virginia requires a $500 appeal bond, or such sum as the trial court may require, filed the same day as a notice of appeal of right to the Court of Appeals, and is one of the few states where that court can grant a discretionary extension of the deadline itself.
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Introduction
In Virginia, a notice of appeal from a final civil judgment must be filed within 30 days from the date of entry of the final judgment order, decree, or conviction, with the clerk of the trial court, the circuit court that entered it (Code of Virginia 8.01-675.3; Va. Sup. Ct. Rule 5A:6(a)). Virginia is unusual: the Court of Appeals may grant an extension of that 30-day period in its discretion, on motion for good cause shown (Code 8.01-675.3; Rule 5A:6(a), cross-referencing Rule 5A:3(a)). Outside that narrow, discretionary route, the deadline generally cannot be extended; if the trial court vacates the final judgment, a new, timely notice must be filed after the new final judgment (Rule 5A:6(a1)). A copy of the notice must also be filed with the clerk of the Court of Appeals of Virginia, along with a $50 filing fee, confirm the current fee with the clerk (Code 17.1-418(1); Rule 5A:6(c)). A party filing a notice of an appeal of right to the Court of Appeals in a civil case must file, at the same time, an appeal bond or irrevocable letter of credit of $500, or such sum as the trial court may require, subject to subsection E of that statute (Code 8.01-676.1(A)); this bond alone does not stop enforcement of the judgment. A separate suspending bond is required to stay execution while the appeal is pending, and the trial court may decline to suspend certain support, custody, or injunction rulings (Code 8.01-676.1(C), (D)). The Court of Appeals of Virginia, a single statewide court, reviews the trial record for legal error; it is not a new trial. The exception is a small claims or general district court judgment, where the losing party has only 10 days to note the appeal and the case is retried from scratch, de novo, in circuit court (Code 16.1-106, 16.1-107, 16.1-122.7). The notice on this page is for a civil appeal of right from a circuit court judgment to the Court of Appeals; a general district court appeal follows its own 10-day route and bond rules under Code 16.1-106 and 16.1-107, not this notice. Criminal, administrative-agency, federal, and interlocutory appeals follow different procedures and are not covered here. Attorney review is available before you file.
Key Things to Know
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The notice of appeal is due within 30 days from the date of entry of the final judgment order, decree, or conviction, filed with the clerk of the trial court (Code 8.01-675.3; Rule 5A:6(a)). Unusually, the Court of Appeals may grant an extension of that deadline in its discretion, on motion for good cause shown (Code 8.01-675.3; Rule 5A:6(a), citing Rule 5A:3(a)); outside that route the deadline generally cannot be extended.
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A small claims or other general district court judgment is appealed differently: the losing party has only 10 days after the order or judgment to note the appeal, far shorter than the 30-day circuit court deadline, and the case is heard de novo, as a new trial, in circuit court (Code 16.1-106(A); 16.1-122.7).
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The notice is filed with the clerk of the trial court, not the Court of Appeals directly, but a copy must also be filed with the clerk of the Court of Appeals along with a $50 filing fee, confirm the current fee with the clerk. If the fee is not paid with the notice, the clerk still files it if the fee arrives within 10 days; otherwise the appeal is dismissed (Code 17.1-418(1); Rule 5A:6(a), (c)).
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An appeal bond or irrevocable letter of credit of $500, or such sum as the trial court may require, subject to subsection E of that statute, must be filed at the same time as a notice of an appeal of right to the Court of Appeals in a civil case (Code 8.01-676.1(A)). This is a true cost bond tied to the notice itself, distinct from any bond needed to stay the judgment.
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Filing the notice and the $500 appeal bond does not by itself stop the other side from collecting on the judgment. A separate suspending bond or irrevocable letter of credit is required to suspend execution during the appeal, and the trial court may refuse to suspend certain support, custody, or injunction rulings (Code 8.01-676.1(C), (D)).
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Rule 5A:6 itself prints the required form, captioned Notice of Appeal From Trial Court (Rule 5A:6); that official form controls the notice's content. The notice must also state whether a transcript or statement of facts will be filed, and include a certificate with the names, addresses, and counsel information for all parties and confirming service on opposing counsel (Rule 5A:6(b), (d)).
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After the notice is filed, the transcript becomes part of the record only if filed with the clerk of the trial court within 60 days after entry of the final judgment. That deadline can be extended only by a Court of Appeals judge, on written motion filed within 90 days after entry of judgment, on a showing of good cause (Rule 5A:8(a)).
Key decisions before you file
Before you file a Notice of Appeal in Virginia, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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Virginia Requirements for Notice of Appeal
30-Day Deadline From Entry of Judgment
The notice of appeal must be filed within 30 days from the date of entry of the final judgment order, decree, or conviction, with the clerk of the trial court that entered it (Code of Virginia 8.01-675.3; Rule 5A:6(a)).
Discretionary Good-Cause Extension
The Court of Appeals may grant an extension of the 30-day filing deadline in its discretion, on motion for good cause shown, a departure from the more common no-extension rule (Code of Virginia 8.01-675.3; Rule 5A:6(a), citing Rule 5A:3(a)).
Filed With Trial Court, Copy and Fee to Court of Appeals
The notice is filed with the clerk of the trial court, and a copy plus a $50 filing fee is also filed with the clerk of the Court of Appeals of Virginia; confirm the current fee with the clerk (Code 17.1-418(1); Rule 5A:6(a), (c)).
$500 Appeal Bond Required With the Notice
A party filing a notice of an appeal of right to the Court of Appeals in a civil case must simultaneously file an appeal bond or irrevocable letter of credit of $500, or such sum as the trial court may require, subject to subsection E (Code of Virginia 8.01-676.1(A)).
Separate Suspending Bond Needed to Stay Enforcement
The notice and appeal bond do not by themselves stop enforcement of the judgment. A separate suspending bond or irrevocable letter of credit is required to suspend execution, and the trial court may decline to suspend certain support, custody, or injunction rulings (Code of Virginia 8.01-676.1(C), (D)).
Rule 5A:6 Certificate and Content Requirements
The notice must state whether a transcript or statement of facts will be filed and include a certificate with the names, addresses, and counsel information for all parties and confirming service on opposing counsel (Rule 5A:6(b), (d)).
Official Notice of Appeal Form Printed in Rule 5A:6
Va. Sup. Ct. Rule 5A:6 itself prints the required form, captioned Notice of Appeal From Trial Court, and that official form controls the notice's content.
Small Claims and GDC Appeals Are 10 Days, De Novo
A small claims or other general district court judgment is appealed by noting the appeal within 10 days, posting the appeal bond within 30 days of judgment, and getting a full trial de novo in circuit court (Code of Virginia 16.1-106(A); 16.1-107(A), (E); 16.1-122.7).
Transcript Filing Deadline After the Notice
The transcript becomes part of the record only if filed with the clerk of the trial court within 60 days after entry of final judgment, extendable only by a Court of Appeals judge on written motion filed within 90 days after entry of judgment, on a showing of good cause (Rule 5A:8(a)).