RULES ADVISORY COMMISSION TO RECOMMEND
SIGNIFICANT CHANGES

The Appellate Rules Advisory Commission, headed by Justice Lemons, has issued an initial report of suggested changes to Virginia’s appellate rules and statutes.  Among the more significant changes are revisions to limit the effect of a failure to file transcripts in a timely fashion.  The commission recommends a procedure whereby a failure to timely file a transcript (or, as in last year’s celebrated $8 million cae involving the Wintergreen ski resort, the right transcript) is no longer a jurisdictional defect.

The initial suggestions are fairly long, so I will not simply post them to this site.  Instead, readers desiring to see a copy may e-mail me for a copy (in Word format).  The commission emphatically wants to receive as much public comment as it can get, so don’t be shy about offering your thoughts.  (Note: I will be out of the office Thursday and Friday, March 30 and 31, so I’ll process requests received then when I return on Monday.)