{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-112.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-112.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-112.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-112.html"}],"law_id":79859,"edition_id":1,"section_id":79859,"structure_id":13176,"section_number":"16.1-112","catch_line":"All papers transmitted to appellate court; further proceedings","history":"1956, c. 555; 1958, c. 211; 1972, c. 585; 1984, c. 108; 1988, c. 698; 2004, c. 366; 2016, c. 612; 2018, cc. 32, 134; 2019, c. 718; 2020, c. 905.","full_text":"The judge or clerk of any court from which an appeal is taken under this article shall promptly transmit to the clerk of the appellate court the case papers, which shall include the original warrant or warrants or other notices or pleadings with the judgment endorsed thereon, together with all pleadings, exhibits, and other papers filed in the trial of the case. The required bond, and, if applicable, the money deposited to secure such bond and the writ tax and costs paid pursuant to \u00a7 16.1-107 shall also be submitted, along with the fees for service of process of the notice of appeal in the circuit court. Upon receipt of the foregoing by the clerk of the appellate court, the case shall then be docketed, except that an appeal from an order of protection issued pursuant to \u00a7 19.2-152.10 shall be assigned a case number within two business days upon receipt of such appeal.\n\t\tWhen such case has been docketed, the clerk of such appellate court shall by writing to be served, as provided in \u00a7\u00a7 8.01-288, 8.01-293, 8.01-296, and 8.01-325, or by certified mail, with certified delivery receipt requested, notify the appellee, or by regular mail to his attorney, that such an appeal has been docketed in his office, provided that upon affidavit by the appellant or his agent in conformity with \u00a7 8.01-316 being filed with the clerk, the clerk shall post such notice at the front door of his courtroom and shall mail a copy thereof to the appellee at his last known address or place of abode or to his attorney, and he shall file a certificate of such posting and mailing with the papers in the case. No such appeal shall be heard unless it appears that the appellee or his attorney has had such notice, or that such certificate has been filed, 10 days before the date fixed for trial, or has in person or by attorney waived such notice.\n\t\tIf a party files an appeal of a district court order of protection entered pursuant to \u00a7 19.2-152.10, such notice of appeal shall be on a form prescribed by the Office of the Executive Secretary. The district court clerk shall contact the appellate court to determine whether the hearing on the appeal shall be set by the appellate court on (i) a date scheduled by the district court clerk with the court, (ii) on the next docket call date, or (iii) a date set for district court appeals. Once the hearing date is set and the appeal documents have been transmitted, the appellate court shall have the parties served with notice of the appeal stating the date and time of the hearing in accordance with subdivision 1 of \u00a7 8.01-296. No such hearing on the appeal shall be heard in the appellate court unless the appellee has been so served with such notice or notice has been waived by the non-moving party.","order_by":null,"text":{"0":{"id":286068,"text":"The judge or clerk of any court from which an appeal is taken under this article shall promptly transmit to the clerk of the appellate court the case papers, which shall include the original warrant or warrants or other notices or pleadings with the judgment endorsed thereon, together with all pleadings, exhibits, and other papers filed in the trial of the case. The required bond, and, if applicable, the money deposited to secure such bond and the writ tax and costs paid pursuant to \u00a7 16.1-107 shall also be submitted, along with the fees for service of process of the notice of appeal in the circuit court. Upon receipt of the foregoing by the clerk of the appellate court, the case shall then be docketed, except that an appeal from an order of protection issued pursuant to \u00a7 19.2-152.10 shall be assigned a case number within two business days upon receipt of such appeal.\n\t\tWhen such case has been docketed, the clerk of such appellate court shall by writing to be served, as provided in \u00a7\u00a7 8.01-288, 8.01-293, 8.01-296, and 8.01-325, or by certified mail, with certified delivery receipt requested, notify the appellee, or by regular mail to his attorney, that such an appeal has been docketed in his office, provided that upon affidavit by the appellant or his agent in conformity with \u00a7 8.01-316 being filed with the clerk, the clerk shall post such notice at the front door of his courtroom and shall mail a copy thereof to the appellee at his last known address or place of abode or to his attorney, and he shall file a certificate of such posting and mailing with the papers in the case. No such appeal shall be heard unless it appears that the appellee or his attorney has had such notice, or that such certificate has been filed, 10 days before the date fixed for trial, or has in person or by attorney waived such notice.\n\t\tIf a party files an appeal of a district court order of protection entered pursuant to \u00a7 19.2-152.10, such notice of appeal shall be on a form prescribed by the Office of the Executive Secretary. The district court clerk shall contact the appellate court to determine whether the hearing on the appeal shall be set by the appellate court on (i) a date scheduled by the district court clerk with the court, (ii) on the next docket call date, or (iii) a date set for district court appeals. Once the hearing date is set and the appeal documents have been transmitted, the appellate court shall have the parties served with notice of the appeal stating the date and time of the hearing in accordance with subdivision 1 of \u00a7 8.01-296. No such hearing on the appeal shall be heard in the appellate court unless the appellee has been so served with such notice or notice has been waived by the non-moving party.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13176,"edition_id":1,"name":"Procedure in Civil Cases","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13175,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162399,"object_type":"structure","relational_id":13176,"identifier":"3","token":"16.1\/6\/3","url":"\/16.1\/6\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13175,"edition_id":1,"name":"Venue, Jurisdiction and Procedure in Civil Matters","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162373,"object_type":"structure","relational_id":13175,"identifier":"6","token":"16.1\/6","url":"\/16.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73499,"structure_id":13176,"section_number":"16.1-100","catch_line":"Additional executions; by whom issued","url":"\/16.1-100\/","token":"16.1\/6\/3\/16.1-100","metadata":false},{"id":86974,"structure_id":13176,"section_number":"16.1-101","catch_line":"Proceedings against officer failing to make or making improper return","url":"\/16.1-101\/","token":"16.1\/6\/3\/16.1-101","metadata":false},{"id":86518,"structure_id":13176,"section_number":"16.1-102","catch_line":"Officers and sureties liable for money collected after return day","url":"\/16.1-102\/","token":"16.1\/6\/3\/16.1-102","metadata":false},{"id":78448,"structure_id":13176,"section_number":"16.1-103","catch_line":"Proceedings by interrogatories","url":"\/16.1-103\/","token":"16.1\/6\/3\/16.1-103","metadata":false},{"id":54194,"structure_id":13176,"section_number":"16.1-104","catch_line":"Repealed","url":"\/16.1-104\/","token":"16.1\/6\/3\/16.1-104","metadata":false},{"id":86498,"structure_id":13176,"section_number":"16.1-105","catch_line":"Attachments","url":"\/16.1-105\/","token":"16.1\/6\/3\/16.1-105","metadata":false},{"id":79702,"structure_id":13176,"section_number":"16.1-106","catch_line":"Appeals from courts not of record in civil cases","url":"\/16.1-106\/","token":"16.1\/6\/3\/16.1-106","metadata":false},{"id":77862,"structure_id":13176,"section_number":"16.1-106.1","catch_line":"Withdrawal of appeal in civil cases","url":"\/16.1-106.1\/","token":"16.1\/6\/3\/16.1-106.1","metadata":false},{"id":55864,"structure_id":13176,"section_number":"16.1-107","catch_line":"Requirements for appeal","url":"\/16.1-107\/","token":"16.1\/6\/3\/16.1-107","metadata":false},{"id":67526,"structure_id":13176,"section_number":"16.1-108","catch_line":"Deposit of money in lieu of bond","url":"\/16.1-108\/","token":"16.1\/6\/3\/16.1-108","metadata":false},{"id":58518,"structure_id":13176,"section_number":"16.1-109","catch_line":"Appellate court may require new or additional security","url":"\/16.1-109\/","token":"16.1\/6\/3\/16.1-109","metadata":false},{"id":71245,"structure_id":13176,"section_number":"16.1-110","catch_line":"Bankruptcy of appellant does not release surety","url":"\/16.1-110\/","token":"16.1\/6\/3\/16.1-110","metadata":false},{"id":78313,"structure_id":13176,"section_number":"16.1-111","catch_line":"Court to which appeal sent","url":"\/16.1-111\/","token":"16.1\/6\/3\/16.1-111","metadata":false},{"id":79859,"structure_id":13176,"section_number":"16.1-112","catch_line":"All papers transmitted to appellate court; further proceedings","url":"\/16.1-112\/","token":"16.1\/6\/3\/16.1-112","metadata":false},{"id":65744,"structure_id":13176,"section_number":"16.1-113","catch_line":"How appeals tried","url":"\/16.1-113\/","token":"16.1\/6\/3\/16.1-113","metadata":false},{"id":85944,"structure_id":13176,"section_number":"16.1-114","catch_line":"Repealed","url":"\/16.1-114\/","token":"16.1\/6\/3\/16.1-114","metadata":false},{"id":56756,"structure_id":13176,"section_number":"16.1-114.1","catch_line":"Principles applicable in trial of appeals; defective or irregular warrants or motions","url":"\/16.1-114.1\/","token":"16.1\/6\/3\/16.1-114.1","metadata":false},{"id":84069,"structure_id":13176,"section_number":"16.1-115","catch_line":"Repealed","url":"\/16.1-115\/","token":"16.1\/6\/3\/16.1-115","metadata":false},{"id":68958,"structure_id":13176,"section_number":"16.1-116","catch_line":"Issuance of executions and abstracts and proceedings by interrogatories after papers returned to circuit court","url":"\/16.1-116\/","token":"16.1\/6\/3\/16.1-116","metadata":false},{"id":54192,"structure_id":13176,"section_number":"16.1-117","catch_line":"When papers in civil cases in certain municipal courts may be destroyed","url":"\/16.1-117\/","token":"16.1\/6\/3\/16.1-117","metadata":false},{"id":86399,"structure_id":13176,"section_number":"16.1-118","catch_line":"When papers in civil cases returned to courts of record may be destroyed","url":"\/16.1-118\/","token":"16.1\/6\/3\/16.1-118","metadata":false},{"id":78717,"structure_id":13176,"section_number":"16.1-118.1","catch_line":"Destruction of papers in civil cases in certain district courts","url":"\/16.1-118.1\/","token":"16.1\/6\/3\/16.1-118.1","metadata":false},{"id":69715,"structure_id":13176,"section_number":"16.1-79","catch_line":"Actions brought on warrant","url":"\/16.1-79\/","token":"16.1\/6\/3\/16.1-79","metadata":false},{"id":54886,"structure_id":13176,"section_number":"16.1-79.1","catch_line":"Electronic filing of civil cases","url":"\/16.1-79.1\/","token":"16.1\/6\/3\/16.1-79.1","metadata":false},{"id":73585,"structure_id":13176,"section_number":"16.1-80","catch_line":"Service of warrant and return thereof","url":"\/16.1-80\/","token":"16.1\/6\/3\/16.1-80","metadata":false},{"id":68153,"structure_id":13176,"section_number":"16.1-81","catch_line":"Actions brought by motion for judgment","url":"\/16.1-81\/","token":"16.1\/6\/3\/16.1-81","metadata":false},{"id":54713,"structure_id":13176,"section_number":"16.1-81.1","catch_line":"Certain corporations; pro se representation","url":"\/16.1-81.1\/","token":"16.1\/6\/3\/16.1-81.1","metadata":false},{"id":80374,"structure_id":13176,"section_number":"16.1-82","catch_line":"Service of motion; return thereon and delivery to the court; how disposed of","url":"\/16.1-82\/","token":"16.1\/6\/3\/16.1-82","metadata":false},{"id":85267,"structure_id":13176,"section_number":"16.1-83","catch_line":"Consent of parties required for trial within five days of service","url":"\/16.1-83\/","token":"16.1\/6\/3\/16.1-83","metadata":false},{"id":80303,"structure_id":13176,"section_number":"16.1-83.1","catch_line":"Certification of expert witness opinion at time of service of process","url":"\/16.1-83.1\/","token":"16.1\/6\/3\/16.1-83.1","metadata":false},{"id":85207,"structure_id":13176,"section_number":"16.1-84","catch_line":"When action or proceeding not lost; when matured for hearing","url":"\/16.1-84\/","token":"16.1\/6\/3\/16.1-84","metadata":false},{"id":82898,"structure_id":13176,"section_number":"16.1-85","catch_line":"What term \"warrant\" to include","url":"\/16.1-85\/","token":"16.1\/6\/3\/16.1-85","metadata":false},{"id":81746,"structure_id":13176,"section_number":"16.1-86","catch_line":"When action deemed brought","url":"\/16.1-86\/","token":"16.1\/6\/3\/16.1-86","metadata":false},{"id":59297,"structure_id":13176,"section_number":"16.1-86.1","catch_line":"Repealed","url":"\/16.1-86.1\/","token":"16.1\/6\/3\/16.1-86.1","metadata":false},{"id":72640,"structure_id":13176,"section_number":"16.1-87","catch_line":"Repealed","url":"\/16.1-87\/","token":"16.1\/6\/3\/16.1-87","metadata":false},{"id":84650,"structure_id":13176,"section_number":"16.1-88","catch_line":"Procedure when plaintiff sues on sworn claim","url":"\/16.1-88\/","token":"16.1\/6\/3\/16.1-88","metadata":false},{"id":82741,"structure_id":13176,"section_number":"16.1-88.01","catch_line":"Counterclaims","url":"\/16.1-88.01\/","token":"16.1\/6\/3\/16.1-88.01","metadata":false},{"id":76355,"structure_id":13176,"section_number":"16.1-88.02","catch_line":"Cross-claims","url":"\/16.1-88.02\/","token":"16.1\/6\/3\/16.1-88.02","metadata":false},{"id":81566,"structure_id":13176,"section_number":"16.1-88.03","catch_line":"Pleadings and other papers by certain parties not represented by attorneys","url":"\/16.1-88.03\/","token":"16.1\/6\/3\/16.1-88.03","metadata":false},{"id":71230,"structure_id":13176,"section_number":"16.1-88.1","catch_line":"Repealed","url":"\/16.1-88.1\/","token":"16.1\/6\/3\/16.1-88.1","metadata":false},{"id":64597,"structure_id":13176,"section_number":"16.1-88.2","catch_line":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records","url":"\/16.1-88.2\/","token":"16.1\/6\/3\/16.1-88.2","metadata":false},{"id":73502,"structure_id":13176,"section_number":"16.1-89","catch_line":"Subpoena duces tecum; attorney-issued subpoena duces tecum","url":"\/16.1-89\/","token":"16.1\/6\/3\/16.1-89","metadata":false},{"id":73564,"structure_id":13176,"section_number":"16.1-90","catch_line":"Recognizance upon continuation of case","url":"\/16.1-90\/","token":"16.1\/6\/3\/16.1-90","metadata":false},{"id":63737,"structure_id":13176,"section_number":"16.1-91","catch_line":"Repealed","url":"\/16.1-91\/","token":"16.1\/6\/3\/16.1-91","metadata":false},{"id":63754,"structure_id":13176,"section_number":"16.1-91.1","catch_line":"Costs to be included in judgment on forthcoming bond","url":"\/16.1-91.1\/","token":"16.1\/6\/3\/16.1-91.1","metadata":false},{"id":57473,"structure_id":13176,"section_number":"16.1-91.2","catch_line":"Judge to keep record of judgment on forthcoming bond; how to endorse execution","url":"\/16.1-91.2\/","token":"16.1\/6\/3\/16.1-91.2","metadata":false},{"id":74408,"structure_id":13176,"section_number":"16.1-92","catch_line":"Repealed","url":"\/16.1-92\/","token":"16.1\/6\/3\/16.1-92","metadata":false},{"id":76601,"structure_id":13176,"section_number":"16.1-93","catch_line":"Principles applicable to trial of cases","url":"\/16.1-93\/","token":"16.1\/6\/3\/16.1-93","metadata":false},{"id":83719,"structure_id":13176,"section_number":"16.1-93.1","catch_line":"Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing","url":"\/16.1-93.1\/","token":"16.1\/6\/3\/16.1-93.1","metadata":false},{"id":64532,"structure_id":13176,"section_number":"16.1-94","catch_line":"Judgment to be noted on papers; formal orders may be entered","url":"\/16.1-94\/","token":"16.1\/6\/3\/16.1-94","metadata":false},{"id":77917,"structure_id":13176,"section_number":"16.1-94.01","catch_line":"When and how satisfaction entered on judgment","url":"\/16.1-94.01\/","token":"16.1\/6\/3\/16.1-94.01","metadata":false},{"id":86540,"structure_id":13176,"section_number":"16.1-94.1","catch_line":"Limitations on enforcement of district court judgments","url":"\/16.1-94.1\/","token":"16.1\/6\/3\/16.1-94.1","metadata":false},{"id":74159,"structure_id":13176,"section_number":"16.1-95","catch_line":"Abstract of judgment","url":"\/16.1-95\/","token":"16.1\/6\/3\/16.1-95","metadata":false},{"id":66824,"structure_id":13176,"section_number":"16.1-96","catch_line":"What abstract to contain","url":"\/16.1-96\/","token":"16.1\/6\/3\/16.1-96","metadata":false},{"id":61732,"structure_id":13176,"section_number":"16.1-97","catch_line":"Repealed","url":"\/16.1-97\/","token":"16.1\/6\/3\/16.1-97","metadata":false},{"id":86972,"structure_id":13176,"section_number":"16.1-97.1","catch_line":"When a new trial is granted","url":"\/16.1-97.1\/","token":"16.1\/6\/3\/16.1-97.1","metadata":false},{"id":81712,"structure_id":13176,"section_number":"16.1-98","catch_line":"Fieri facias or writ of possession on judgment","url":"\/16.1-98\/","token":"16.1\/6\/3\/16.1-98","metadata":false},{"id":64144,"structure_id":13176,"section_number":"16.1-99","catch_line":"When and where executions returnable; to whom directed","url":"\/16.1-99\/","token":"16.1\/6\/3\/16.1-99","metadata":false}],"previous_section":{"id":78313,"structure_id":13176,"section_number":"16.1-111","catch_line":"Court to which appeal sent","url":"\/16.1-111\/","token":"16.1\/6\/3\/16.1-111","metadata":false},"next_section":{"id":65744,"structure_id":13176,"section_number":"16.1-113","catch_line":"How appeals tried","url":"\/16.1-113\/","token":"16.1\/6\/3\/16.1-113","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-112\/","history_text":"

This law was first created in 1956. The record of its establishment is cataloged in chapter 555 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1956 \u201cActs\u201d aren\u2019t available online. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 211; in 1972, chapter 585; in 1984, chapter 108; in 1988, chapter 698; in 2004, chapter 366<\/a>; in 2016, chapter 612<\/a>; in 2018, chapters 32<\/a> and 134<\/a>; in 2019, chapter 718<\/a>; in 2020, chapter 905<\/a>.<\/p>","references":[{"id":68420,"section_number":"16.1-69.55","catch_line":"Retention of case records; limitations on enforcement of judgments; extensions","order_by":null,"url":"\/16.1-69.55\/"},{"id":75804,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","order_by":null,"url":"\/37.2-821\/"}],"refers_to":[{"id":55864,"section_number":"16.1-107","catch_line":"Requirements for appeal","order_by":null,"url":"\/16.1-107\/"},{"id":83461,"section_number":"19.2-152.10","catch_line":"Protective order","order_by":null,"url":"\/19.2-152.10\/"},{"id":80740,"section_number":"8.01-288","catch_line":"Process received in time good though neither served nor accepted","order_by":null,"url":"\/8.01-288\/"},{"id":72321,"section_number":"8.01-293","catch_line":"Authorization to serve process, capias or show cause order; execute writ of possession or eviction and levy upon property","order_by":null,"url":"\/8.01-293\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"},{"id":66717,"section_number":"8.01-316","catch_line":"Service by publication; when available","order_by":null,"url":"\/8.01-316\/"},{"id":86831,"section_number":"8.01-325","catch_line":"Return by person serving process","order_by":null,"url":"\/8.01-325\/"}],"permalink":{"id":162453,"object_type":"law","relational_id":79859,"identifier":"16.1-112","token":"16.1\/6\/3\/16.1-112","url":"\/16.1-112\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-112\/","token":"16.1\/6\/3\/16.1-112","dublin_core":{"Title":"All papers transmitted to appellate court; further proceedings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-112","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The judge<\/span> or clerk of any court from which an appeal is taken under this article shall promptly transmit to the clerk of the appellate<\/span> court the case papers, which shall include the original warrant or warrants or other notices or pleadings<\/span> with the judgment<\/span> endorsed thereon, together with all pleadings<\/span>, exhibits, and other papers filed in the trial<\/span> of the case. The required bond<\/span>, and, if applicable, the money deposited to secure such bond<\/span> and the writ<\/span> tax and costs paid pursuant to \u00a7 16.1-107<\/a> shall also be submitted, along with the fees for service of process<\/span> of the notice of appeal<\/span> in the circuit<\/span> court. Upon receipt of the foregoing by the clerk of the appellate<\/span> court, the case shall then be docketed, except that an appeal from an order of protection issued pursuant to \u00a7 19.2-152.10<\/a> shall be assigned a case number within two business days upon receipt of such appeal.\n\t\tWhen such case has been docketed, the clerk of such appellate<\/span> court shall by writing to be served, as provided in \u00a7\u00a7 8.01-288<\/a>, 8.01-293<\/a>, 8.01-296<\/a>, and 8.01-325<\/a>, or by certified mail, with certified delivery receipt requested, notify the appellee<\/span>, or by regular mail to his attorney, that such an appeal has been docketed in his office, provided that upon affidavit<\/span> by the appellant<\/span> or his agent in conformity with \u00a7 8.01-316<\/a> being filed with the clerk, the clerk shall post such notice at the front door of his courtroom and shall mail a copy thereof to the appellee<\/span> at his last known address or place of abode or to his attorney, and he shall file a certificate of such posting and mailing with the papers in the case. No such appeal shall be heard unless it appears that the appellee<\/span> or his attorney has had such notice, or that such certificate has been filed, 10 days before the date fixed for trial<\/span>, or has in person or by attorney waived such notice.\n\t\tIf a party<\/span> files an appeal of a district court order<\/span> of protection entered pursuant to \u00a7 19.2-152.10<\/a>, such notice of appeal<\/span> shall be on a form prescribed by the Office of the Executive Secretary. The district court clerk shall contact the appellate<\/span> court to determine whether the hearing<\/span> on the appeal shall be set by the appellate<\/span> court on (i) a date scheduled by the district court clerk with the court, (ii) on the next docket<\/span> call date, or (iii) a date set for district court appeals<\/span>. Once the hearing<\/span> date is set and the appeal documents have been transmitted, the appellate<\/span> court shall have the parties served with notice of the appeal stating the date and time of the hearing<\/span> in accordance with subdivision 1 of \u00a7 8.01-296<\/a>. No such hearing<\/span> on the appeal shall be heard in the appellate<\/span> court unless the appellee<\/span> has been so served with such notice or notice has been waived by the non-moving party<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nALL PAPERS TRANSMITTED TO APPELLATE COURT; FURTHER PROCEEDINGS (\u00a7 16.1-112)\n\nThe judge or clerk of any court from which an appeal is taken under this article\nshall promptly transmit to the clerk of the appellate court the case papers,\nwhich shall include the original warrant or warrants or other notices or\npleadings with the judgment endorsed thereon, together with all pleadings,\nexhibits, and other papers filed in the trial of the case. The required bond,\nand, if applicable, the money deposited to secure such bond and the writ tax and\ncosts paid pursuant to \u00a7 16.1-107 shall also be submitted, along with the fees\nfor service of process of the notice of appeal in the circuit court. Upon\nreceipt of the foregoing by the clerk of the appellate court, the case shall\nthen be docketed, except that an appeal from an order of protection issued\npursuant to \u00a7 19.2-152.10 shall be assigned a case number within two business\ndays upon receipt of such appeal.\n\t\tWhen such case has been docketed, the clerk of such appellate court shall by\nwriting to be served, as provided in \u00a7\u00a7 8.01-288, 8.01-293, 8.01-296, and\n8.01-325, or by certified mail, with certified delivery receipt requested,\nnotify the appellee, or by regular mail to his attorney, that such an appeal has\nbeen docketed in his office, provided that upon affidavit by the appellant or\nhis agent in conformity with \u00a7 8.01-316 being filed with the clerk, the clerk\nshall post such notice at the front door of his courtroom and shall mail a copy\nthereof to the appellee at his last known address or place of abode or to his\nattorney, and he shall file a certificate of such posting and mailing with the\npapers in the case. No such appeal shall be heard unless it appears that the\nappellee or his attorney has had such notice, or that such certificate has been\nfiled, 10 days before the date fixed for trial, or has in person or by attorney\nwaived such notice.\n\t\tIf a party files an appeal of a district court order of protection entered\npursuant to \u00a7 19.2-152.10, such notice of appeal shall be on a form prescribed\nby the Office of the Executive Secretary. The district court clerk shall contact\nthe appellate court to determine whether the hearing on the appeal shall be set\nby the appellate court on (i) a date scheduled by the district court clerk with\nthe court, (ii) on the next docket call date, or (iii) a date set for district\ncourt appeals. Once the hearing date is set and the appeal documents have been\ntransmitted, the appellate court shall have the parties served with notice of\nthe appeal stating the date and time of the hearing in accordance with\nsubdivision 1 of \u00a7 8.01-296. No such hearing on the appeal shall be heard in\nthe appellate court unless the appellee has been so served with such notice or\nnotice has been waived by the non-moving party.\n\nHISTORY: 1956, c. 555; 1958, c. 211; 1972, c. 585; 1984, c. 108; 1988, c. 698;\n2004, c. 366; 2016, c. 612; 2018, cc. 32, 134; 2019, c. 718; 2020, c. 905.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}