                                 CODE OF VIRGINIA

PROCEDURES ON APPEAL (§ 17.1-407)

A. 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&#8217; 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. Appeals pursuant to &#xA7; 17.1-405 and subsection A of &#xA7; 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. 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.

D. 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.

HISTORY: 1984, c. 701, § 17-116.05:2; 1988, cc. 71, 479; 1998, c. 872; 2021,
Sp. Sess. I, c. 489; 2025, cc. 367, 383.