VA Supreme Court Deadlines

Virginia Supreme Court Deadlines Quick Reference

Direct Appeal from the Trial Court
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
* Mandatory/jurisdictional # Only if agreed designation is not filed

% 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.

L. Steven Emmert (757) 965-5021 — emmert@virginia-appeals.com