{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-407.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-407.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-407.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-407.html"}],"law_id":69290,"edition_id":1,"section_id":69290,"structure_id":13285,"section_number":"17.1-407","catch_line":"Procedures on appeal","history":"1984, c. 701, \u00a7 17-116.05:2; 1988, cc. 71, 479; 1998, c. 872; 2021, Sp. Sess. I, c. 489; 2025, cc. 367, 383.","full_text":"A\n\nThe notice of appeal in all cases within the jurisdiction of the court shall be filed with the clerk of the trial court or the clerk of the Virginia Workers’ Compensation Commission, as appropriate, and a copy of such notice shall be mailed or delivered to all opposing counsel and parties not represented by counsel and to the clerk of the Court of Appeals. The clerk shall endorse thereon the day and year he received it.B\n\nAppeals pursuant to § 17.1-405 and subsection A of § 17.1-406, other than petitions for appeal by the Commonwealth in criminal cases, are appeals of right. The clerk of the Court of Appeals shall refer each case for which a notice of appeal has been filed to a panel of the court as the court may direct.C\n\nEach petition for appeal by the Commonwealth in a criminal case shall be referred to one or more judges of the Court of Appeals as the court shall direct. A judge to whom the petition is referred may grant the petition on the basis of the record without the necessity of oral argument. The clerk shall refer each appeal for which a petition has been granted to a panel of the court as the court shall direct.D\n\nBefore a petition for appeal by the Commonwealth is denied, counsel for the Commonwealth shall be entitled to state orally before a panel of the court the reasons why its appeal should be granted. If all of the judges of the panel to whom the petition is referred are of the opinion that the petition ought not be granted, the order denying the appeal shall state the reasons for the denial. Thereafter, no other petition in the matter shall be entertained in the Court of Appeals.","order_by":null,"text":{"0":{"id":250653,"text":"The notice of appeal in all cases within the jurisdiction of the court shall be filed with the clerk of the trial court or the clerk of the Virginia Workers’ Compensation Commission, as appropriate, and a copy of such notice shall be mailed or delivered to all opposing counsel and parties not represented by counsel and to the clerk of the Court of Appeals. The clerk shall endorse thereon the day and year he received it.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250654,"text":"Appeals pursuant to § 17.1-405 and subsection A of § 17.1-406, other than petitions for appeal by the Commonwealth in criminal cases, are appeals of right. The clerk of the Court of Appeals shall refer each case for which a notice of appeal has been filed to a panel of the court as the court may direct.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250655,"text":"Each petition for appeal by the Commonwealth in a criminal case shall be referred to one or more judges of the Court of Appeals as the court shall direct. A judge to whom the petition is referred may grant the petition on the basis of the record without the necessity of oral argument. The clerk shall refer each appeal for which a petition has been granted to a panel of the court as the court shall direct.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":250656,"text":"Before a petition for appeal by the Commonwealth is denied, counsel for the Commonwealth shall be entitled to state orally before a panel of the court the reasons why its appeal should be granted. If all of the judges of the panel to whom the petition is referred are of the opinion that the petition ought not be granted, the order denying the appeal shall state the reasons for the denial. Thereafter, no other petition in the matter shall be entertained in the Court of Appeals.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13285,"edition_id":1,"name":"The Court of Appeals","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12766,"metadata":{},"date_created":"2026-06-26 03:44:34","date_modified":"2026-06-26 03:44:34","permalink":{"id":163617,"object_type":"structure","relational_id":13285,"identifier":"4","token":"17.1\/4","url":"\/17.1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12766,"edition_id":1,"name":"Courts of Record","identifier":"17.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":162799,"object_type":"structure","relational_id":12766,"identifier":"17.1","token":"17.1","url":"\/17.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87082,"structure_id":13285,"section_number":"17.1-400","catch_line":"Creation and organization; election and terms of judges; oath; vacancies; qualifications; incompatible activities prohibited; chief judge","url":"\/17.1-400\/","token":"17.1\/4\/17.1-400","metadata":false},{"id":87290,"structure_id":13285,"section_number":"17.1-401","catch_line":"Senior judge","url":"\/17.1-401\/","token":"17.1\/4\/17.1-401","metadata":false},{"id":54277,"structure_id":13285,"section_number":"17.1-402","catch_line":"Sessions; panels; quorum; presiding judges; hearings en banc","url":"\/17.1-402\/","token":"17.1\/4\/17.1-402","metadata":false},{"id":55346,"structure_id":13285,"section_number":"17.1-403","catch_line":"(For contingent effective date, see Acts 2025, c. 612, cl. 2) Rules of practice, procedure, and internal processes; promulgation by Supreme Court; amendments; summary disposition of appeals","url":"\/17.1-403\/","token":"17.1\/4\/17.1-403","metadata":false},{"id":85188,"structure_id":13285,"section_number":"17.1-404","catch_line":"Original jurisdiction in matters of contempt and injunctions, writs of mandamus, prohibition and habeas corpus","url":"\/17.1-404\/","token":"17.1\/4\/17.1-404","metadata":false},{"id":86129,"structure_id":13285,"section_number":"17.1-405","catch_line":"Appellate jurisdiction \u2014 Administrative agency, Virginia Workers' Compensation Commission, and civil matter appeals","url":"\/17.1-405\/","token":"17.1\/4\/17.1-405","metadata":false},{"id":87232,"structure_id":13285,"section_number":"17.1-406","catch_line":"Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction","url":"\/17.1-406\/","token":"17.1\/4\/17.1-406","metadata":false},{"id":69290,"structure_id":13285,"section_number":"17.1-407","catch_line":"Procedures on appeal","url":"\/17.1-407\/","token":"17.1\/4\/17.1-407","metadata":false},{"id":66044,"structure_id":13285,"section_number":"17.1-408","catch_line":"Time for filing; notice; opening brief; petition","url":"\/17.1-408\/","token":"17.1\/4\/17.1-408","metadata":false},{"id":59397,"structure_id":13285,"section_number":"17.1-409","catch_line":"Certification to the Supreme Court","url":"\/17.1-409\/","token":"17.1\/4\/17.1-409","metadata":false},{"id":63032,"structure_id":13285,"section_number":"17.1-410","catch_line":"Disposition of appeals; finality of decisions","url":"\/17.1-410\/","token":"17.1\/4\/17.1-410","metadata":false},{"id":61862,"structure_id":13285,"section_number":"17.1-411","catch_line":"Review by the Supreme Court","url":"\/17.1-411\/","token":"17.1\/4\/17.1-411","metadata":false},{"id":76830,"structure_id":13285,"section_number":"17.1-412","catch_line":"Affirmance, reversal, or modification of judgment; petition for appeal to Supreme Court upon award of new trial","url":"\/17.1-412\/","token":"17.1\/4\/17.1-412","metadata":false},{"id":83076,"structure_id":13285,"section_number":"17.1-413","catch_line":"Opinions; reporting, printing and electronic publication","url":"\/17.1-413\/","token":"17.1\/4\/17.1-413","metadata":false},{"id":64883,"structure_id":13285,"section_number":"17.1-414","catch_line":"Facilities and supplies","url":"\/17.1-414\/","token":"17.1\/4\/17.1-414","metadata":false},{"id":58691,"structure_id":13285,"section_number":"17.1-415","catch_line":"Compensation for judges; expenses","url":"\/17.1-415\/","token":"17.1\/4\/17.1-415","metadata":false},{"id":59054,"structure_id":13285,"section_number":"17.1-416","catch_line":"Clerk; seal; deputies and other employees; clerk's fees","url":"\/17.1-416\/","token":"17.1\/4\/17.1-416","metadata":false},{"id":57941,"structure_id":13285,"section_number":"17.1-417","catch_line":"Support staff","url":"\/17.1-417\/","token":"17.1\/4\/17.1-417","metadata":false},{"id":64769,"structure_id":13285,"section_number":"17.1-418","catch_line":"Fees charged by Clerk of the Court of Appeals","url":"\/17.1-418\/","token":"17.1\/4\/17.1-418","metadata":false}],"previous_section":{"id":87232,"structure_id":13285,"section_number":"17.1-406","catch_line":"Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction","url":"\/17.1-406\/","token":"17.1\/4\/17.1-406","metadata":false},"next_section":{"id":66044,"structure_id":13285,"section_number":"17.1-408","catch_line":"Time for filing; notice; opening brief; petition","url":"\/17.1-408\/","token":"17.1\/4\/17.1-408","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-407\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 701 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 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1988, chapters 71 and 479; in 1998, chapter 872<\/a>; in 2025, chapters 367<\/a> and 383<\/a>.<\/p>","references":[{"id":68963,"section_number":"19.2-403","catch_line":"Procedures on petition for pretrial appeal","order_by":null,"url":"\/19.2-403\/"}],"refers_to":[{"id":86129,"section_number":"17.1-405","catch_line":"Appellate jurisdiction \u2014 Administrative agency, Virginia Workers' Compensation Commission, and civil matter appeals","order_by":null,"url":"\/17.1-405\/"},{"id":87232,"section_number":"17.1-406","catch_line":"Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction","order_by":null,"url":"\/17.1-406\/"}],"permalink":{"id":163647,"object_type":"law","relational_id":69290,"identifier":"17.1-407","token":"17.1\/4\/17.1-407","url":"\/17.1-407\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-407\/","token":"17.1\/4\/17.1-407","dublin_core":{"Title":"Procedures on appeal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-407","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The notice of appeal<\/span> in all cases within the jurisdiction<\/span> of the court<\/span> shall be filed with the clerk of the trial<\/span> court<\/span> or the clerk of the Virginia Workers’ Compensation Commission, as appropriate, and a copy of such notice shall be mailed or delivered to all opposing counsel<\/span> and parties not represented by counsel<\/span> and to the clerk of the Court<\/span> of Appeals<\/span>. The clerk shall endorse thereon the day and year he received it. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Appeals<\/span> pursuant to § 17.1-405<\/a> and subsection A of § 17.1-406<\/a>, other than petitions<\/span> for appeal by the Commonwealth in criminal cases, are appeals<\/span> of right. The clerk of the Court<\/span> of Appeals<\/span> shall refer each case for which a notice of appeal<\/span> has been filed to a panel<\/span> of the court<\/span> as the court<\/span> may direct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Each petition<\/span> for appeal by the Commonwealth in a criminal case shall be referred to one or more judges<\/span> of the Court<\/span> of Appeals<\/span> as the court<\/span> shall direct. A judge<\/span> to whom the petition<\/span> is referred may grant the petition<\/span> on the basis of the record without the necessity of oral argument<\/span>. The clerk shall refer each appeal for which a petition<\/span> has been granted to a panel<\/span> of the court<\/span> as the court<\/span> shall direct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Before a petition<\/span> for appeal by the Commonwealth is denied, counsel<\/span> for the Commonwealth shall be entitled to state orally before a panel<\/span> of the court<\/span> the reasons why its appeal should be granted. If all of the judges<\/span> of the panel<\/span> to whom the petition<\/span> is referred are of the opinion<\/span> that the petition<\/span> ought not be granted, the order<\/span> denying the appeal shall state the reasons for the denial. Thereafter, no other petition<\/span> in the matter shall be entertained in the Court<\/span> of Appeals<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURES ON APPEAL (\u00a7 17.1-407)\n\nA. The notice of appeal in all cases within the jurisdiction of the court shall\nbe filed with the clerk of the trial court or the clerk of the Virginia\nWorkers’ Compensation Commission, as appropriate, and a copy of such\nnotice shall be mailed or delivered to all opposing counsel and parties not\nrepresented by counsel and to the clerk of the Court of Appeals. The clerk shall\nendorse thereon the day and year he received it.\n\nB. Appeals pursuant to § 17.1-405 and subsection A of § 17.1-406,\nother than petitions for appeal by the Commonwealth in criminal cases, are\nappeals of right. The clerk of the Court of Appeals shall refer each case for\nwhich a notice of appeal has been filed to a panel of the court as the court may\ndirect.\n\nC. Each petition for appeal by the Commonwealth in a criminal case shall be\nreferred to one or more judges of the Court of Appeals as the court shall\ndirect. A judge to whom the petition is referred may grant the petition on the\nbasis of the record without the necessity of oral argument. The clerk shall\nrefer each appeal for which a petition has been granted to a panel of the court\nas the court shall direct.\n\nD. Before a petition for appeal by the Commonwealth is denied, counsel for the\nCommonwealth shall be entitled to state orally before a panel of the court the\nreasons why its appeal should be granted. If all of the judges of the panel to\nwhom the petition is referred are of the opinion that the petition ought not be\ngranted, the order denying the appeal shall state the reasons for the denial.\nThereafter, no other petition in the matter shall be entertained in the Court of\nAppeals.\n\nHISTORY: 1984, c. 701, \u00a7 17-116.05:2; 1988, cc. 71, 479; 1998, c. 872; 2021,\nSp. Sess. I, c. 489; 2025, cc. 367, 383.","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}}