Virginia Supreme Court Deadlines Quick Reference
Direct Appeal from the Trial Court
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Deadline | Rule | What to File | Date due | ||
GETTING THE WRIT | |||||
1 | 5:9 | Notice of appeal * | 30 days after judgment | ||
2 | 5:11(a) | Transcript * | 60 days after judgment | ||
3 | 5:11(b) | Notice of filing of transcript | 10 days after (2) | ||
4 | 5:11(d) | Objections to transcript | 15 days after (3) | ||
5 | 5:17 | Petition for appeal * | 90 days after judgment | ||
6 | 5:18 | Brief in opposition | 21 days (+3 if mailed) after service of (5) | ||
7 | 5:19 | Reply brief % | 7 days after filing of (6) | ||
8 | 5:20 | Petition for rehearing * | 14 days after denial of petition | ||
AFTER THE WRIT IS GRANTED | |||||
9 | 5:32(b) | Agreed designation of appendix | 15 days after writ | ||
10 | 5:32(b) | Appellants designation # | 15 days after writ | ||
11 | 5:32(b) | Appellees designation # | 15 days after designation | ||
12 | 5:27 | Opening brief | 40 days after writ | ||
13 | 5:32 | Appendix | Simultaneous with (12) | ||
14 | 5:28 | Brief of appellee | 25 days after (12) | ||
15 | 5:29 | Reply brief | 14 days after (14) | ||
16 | 5:39(b) | Notice of petition for rehearing | 10 days after decision | ||
17 | 5:39(c) | Petition for rehearing | 30 days after decision | ||
18 | 5:41 | Motion for stay of mandate (U.S. Supreme Court) | 15 days after decision | ||
% Filing this waives petitioner’s right to oral argument to a writ panel. If the brief in opposition raises cross-error, appellant may file a reply limited to the cross-error within 14 days after the filing of (6) and retain the right to argue. |
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L. Steven Emmert (757) 965-5021 — emmert@virginia-appeals.com |