<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>79859</law_id><section_number>16.1-112</section_number><catch_line>All papers transmitted to appellate court; further proceedings</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>16.1-69.55</reference><reference>37.2-821</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="16.1">Courts Not of Record</unit><unit label="chapter" level="2" order_by="1" identifier="6">Venue, Jurisdiction and Procedure in Civil Matters</unit><unit label="article" level="3" order_by="1" identifier="3">Procedure in Civil Cases</unit></structure><text>
						<section><p>The <span class="dictionary">judge</span> or clerk of any court from which an appeal is taken under this article shall promptly transmit to the clerk of the <span class="dictionary">appellate</span> court the case papers, which shall include the original warrant or warrants or other notices or <span class="dictionary">pleadings</span> with the <span class="dictionary">judgment</span> endorsed thereon, together with all <span class="dictionary">pleadings</span>, exhibits, and other papers filed in the <span class="dictionary">trial</span> of the case. The required <span class="dictionary">bond</span>, and, if applicable, the money deposited to secure such <span class="dictionary">bond</span> and the <span class="dictionary">writ</span> tax and costs paid pursuant to &#xA7;&#xA0;<a class="law" title="Requirements for appeal" href="/16.1-107/">16.1-107</a> shall also be submitted, along with the fees for <span class="dictionary">service of process</span> of the <span class="dictionary">notice of appeal</span> in the <span class="dictionary">circuit</span> court. Upon receipt of the foregoing by the clerk of the <span class="dictionary">appellate</span> court, the case shall then be docketed, except that an appeal from an order of protection issued pursuant to &#xA7;&#xA0;<a class="law" title="Protective order" href="/19.2-152.10/">19.2-152.10</a> shall be assigned a case number within two business days upon receipt of such appeal.
		When such case has been docketed, the clerk of such <span class="dictionary">appellate</span> court shall by writing to be served, as provided in &#xA7;&#xA7;&#xA0;<a class="law" title="Process received in time good though neither served nor accepted" href="/8.01-288/">8.01-288</a>, <a class="law" title="Authorization to serve process, capias or show cause order; execute writ of possession or eviction and levy upon property" href="/8.01-293/">8.01-293</a>, <a class="law" title="Manner of serving process upon natural persons" href="/8.01-296/">8.01-296</a>, and <a class="law" title="Return by person serving process" href="/8.01-325/">8.01-325</a>, or by certified mail, with certified delivery receipt requested, notify the <span class="dictionary">appellee</span>, or by regular mail to his attorney, that such an appeal has been docketed in his office, provided that upon <span class="dictionary">affidavit</span> by the <span class="dictionary">appellant</span> or his agent in conformity with &#xA7;&#xA0;<a class="law" title="Service by publication; when available" href="/8.01-316/">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 <span class="dictionary">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 <span class="dictionary">appellee</span> or his attorney has had such notice, or that such certificate has been filed, 10 days before the date fixed for <span class="dictionary">trial</span>, or has in person or by attorney waived such notice.
		If a <span class="dictionary">party</span> files an appeal of a district <span class="dictionary">court order</span> of protection entered pursuant to &#xA7;&#xA0;<a class="law" title="Protective order" href="/19.2-152.10/">19.2-152.10</a>, such <span class="dictionary">notice of appeal</span> shall be on a form prescribed by the Office of the Executive Secretary. The district court clerk shall contact the <span class="dictionary">appellate</span> court to determine whether the <span class="dictionary">hearing</span> on the appeal shall be set by the <span class="dictionary">appellate</span> court on (i) a date scheduled by the district court clerk with the court, (ii) on the next <span class="dictionary">docket</span> call date, or (iii) a date set for district court <span class="dictionary">appeals</span>. Once the <span class="dictionary">hearing</span> date is set and the appeal documents have been transmitted, the <span class="dictionary">appellate</span> court shall have the parties served with notice of the appeal stating the date and time of the <span class="dictionary">hearing</span> in accordance with subdivision 1 of &#xA7;&#xA0;<a class="law" title="Manner of serving process upon natural persons" href="/8.01-296/">8.01-296</a>. No such <span class="dictionary">hearing</span> on the appeal shall be heard in the <span class="dictionary">appellate</span> court unless the <span class="dictionary">appellee</span> has been so served with such notice or notice has been waived by the non-moving <span class="dictionary">party</span>.</p></section></text><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.</history><metadata></metadata></law>
