See
Current Rule 5A:11.1
Court
of Appeals of Virginia
109 North Eighth Street
Richmond, Virginia 23219-2305
(804) 371-8428
Hours: 8:15 a.m. to 4:45 p.m., Monday through Friday
First and third Mondays of each month: 9:00 a.m. to 4:45 p.m.
www.courts.state.va.us
APPEALS
TO THE COURT OF APPEALS OF VIRGINIA IN
VIRGINIA WORKERS' COMPENSATION COMMISSION CASES
To appeal a case from the Virginia Workers'
Compensation Commission to the Court of Appeals, the appealing
party or attorney must:
1.
File a notice of appeal. Rule 5A:11.(5A:11.1)
Due 30 days after receipt by the appealing party of the award
appealed.
Original filed in clerk's office of Virginia Workers' Compensation
Commission, VA. CODE §17-116.05:2.(A). (Note, See Sec.17.1-405,
17.1-407,
17.1-408)
Copy filed in clerk's office of Court of Appeals, accompanied
by $25 filing
fee, see VA. CODE § 14.1-120.1(A)
and Rule 5A:11(b), payable in cash or by check or money order made
payable to Court of Appeals of Virginia.
2.
File bond for costs. VA.
CODE § 8.01-676.1
Due when notice of appeal is filed.
Filed in clerk's office of Virginia Workers' Compensation Commission.
Amount of bond is $500 unless reduced by Virginia Workers' Compensation
Commission.
May be waived if appellant has not returned to employment as determined
by Court of Appeals. See VA. CODE § 8.01-676.1
(K1) for requirements.
Form for bond following part 5A of the Rules of the Supreme
Court.
3.
Clerk of Virginia Workers' Compensation Commission then sends
record to Court of Appeals.
Clerk of Court of Appeals promptly sends notice to parties stating date
on which record was filed.
4.
File statement of questions presented and designation of contents of appendix. See 5A:25 for requirements.
Due no later than 15 days after Virginia Workers' Compensation
Commission record filed.
Filed in clerk's office of Court of Appeals.
5.
File appendix and opening brief. Rules 5A:19,
20 and
25.
Due 40 days
after Virginia Workers' Compensation Commission record filed.
Filed in clerk's office of Court of Appeals.
Seven copies must be filed; three copies must be
sent to opposing counsel.
See reverse (below) for cover and binding requirements.
6.
Appellee's brief is due 25 days after the opening brief is filed.
7.
Oral argument is automatically scheduled on appeals unless counsel sends written notification that counsel waives the
hearing. Rule 5A:28.
These are minimum
requirements. Your case may have other requirements. Please read all of
the applicable rules
and statutes.
Copies
of all documents filed must be sent to opposing counsel. Rule 5A:1(10).
*Rules
of the Supreme Court of Virginia, published in volume 11, Code of
Virginia Annotated.
Court
of Appeals of Virginia
109 North Eighth Street
Richmond, Virginia 23219-2305
Visit
our website at www.courts.state.va.us
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September 19, 1997
PRACTICE
BEFORE THE COURT OF APPEALS OF VIRGINIA
The rules of practice before the Court of Appeals
of Virginia are found in the Rules of the Supreme Court of Virginia,
published in volume 11, Code of Virginia Annotated, at Part 5A.
Statutory provisions relating to the Court are mainly at § 17-116.01 et
seq.,
Code of Virginia Annotated. (Note See Secs. 17.1-405
et seq.) Counsel new to appellate practice may wish to
consult Appellate Advocacy in the Supreme Court and the Court of Appeals of
Virginia, a 37-page pamphlet prepared by the Litigation
Section of the Virginia State Bar (telephone orders: 804-775-0586), Making an
Appeal to the Court of Appeals of Virginia, an instructional
outline, and Appellate Practice in Virginia and Federal Courts, an
instructional notebook, both by the Virginia Law Foundation's Committee
on Continuing Legal Education (orders: 800-223-2167). Obtain these
resources directly from the agencies named. The Court does not stock
them.
MOTIONS
Motions must be filed in
four copies. Rule
5A:2(a). The opponent has 10 days in which to reply. Id. Please staple multiple pages of each copy, but do not
staple multiple copies together. State motions separately; do not
include motions in other pleadings.
BRIEFS IN ALL APPEALS ON THE MERITS
Briefs and some
other documents must also be double-spaced, Rule 5A:4(a), and
they must have covers of the colors noted below, Rule 5A:24, and may not exceed the noted page count, Rule 5A:19:
|
Appellant's Opening Brief
|
White
|
35 typed pages, 25 printed
|
|
Appendix
|
Red
|
|
|
Appellee's Brief
|
Blue
|
35 typed pages, 25 printed
|
|
Amicus Curiae Brief
|
Gray
|
35 typed pages, 25 printed
|
|
Appellant's Reply Brief
|
Green
|
10 typed pages, 7 printed
|
|
Petition for Rehearing
|
Yellow
|
(No page limit stated)
|
|
Briefs on Rehearings
|
See
Rules 5A:4 & 5A:35
|
See
Rules 5A:4 & 5A:35
|
The cover of each brief must show the names of the
parties (appellant's name first), our record number, and the name(s) and
address(es) of counsel submitting the brief. Rule 5A:4. Briefs need not
be signed by hand. Rule 1:5.
BINDING
BRIEFS & SOME PETITIONS
All briefs must be "bound on the left margin
in such a manner as to produce a flat, smooth binding." Rule 5A:4.
So should petitions for rehearings of appeals under Rules 5A:33 and
5A:34. The following bindings have been accepted by the Court:
Hot glue
binding
"Velo' binding
Staples
down left edge, covered neatly by
tape running down edge of brief
Three-prong folders or jackets having prongs that do not protrude
outside folder
These bindings are not
acceptable:
Spiral binding and ring notebooks
Plastic report covers with detachable plastic spine
"Acco" fasteners
Staples
which are not covered
The Court requires parallel citations to the
Southeastern Reporter and to the official reports of the Court of
Appeals and Supreme Court of Virginia. Rule 5A:20(a) (Opening brief of
appellant), 5A:21(a) (Brief of appellee). The Court requires citations
to the transcript, statement of facts, or appendix. Rule 5A:20(d),
5A:21(c). Rule
5A:4 further provides that the clerk of the Court may
require that a document be re-done to assure compliance with the rule.
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September
19, 1997
Rule
5A:11.1,
Rules of the Supreme Court of
Virginia
§ vscr-5A:11.1
Special Rule Applicable to Appeals From the Virginia Workers'
Compensation Commission.
(a) Non-Application of Other Rules. Rules 5A:6
through 5A:10
do not apply to appeals from the Virginia Workers' Compensation
Commission except as otherwise specified in this Part Five A.
(b) Notice of Appeal. No appeal from an order of the Commission shall
be allowed unless, within 30 days after entry of the order appealed
from, or within 30 days after receipt of notice by registered mail of
the order appealed from, counsel files with the clerk of the Virginia
Workers' Compensation Commission a notice of appeal which shall state
the names and addresses of all appellants and appellees, the names,
addresses, and telephone numbers of counsel for each party, and the
address and telephone number of any party not represented by counsel,
and whether the appellant challenges the sufficiency of the evidence to
support the findings of the Commission. A copy of the notice of appeal
shall be filed in the office of the Clerk of the Court of Appeals, and
except as otherwise provided by law, must be accompanied by a check or
money order in the amount of $25 payable to the clerk of the Court of
Appeals. The fee shall be due at the time the notice of appeal is
presented. The clerk of the Court of Appeals may file any notice of
appeal that is not accompanied by such fee if the fee is received by the
clerk within ten days of the date the notice of appeal is filed. If the
fee is not received within such time, the appeal shall be dismissed.
(c) Record on Appeal. The record on appeal from the Commission shall
consist of the originals or copies of the notice of appeal, the
employer's first report, medical reports, applications for hearings, the
transcript of any hearing, depositions, interrogatories and answer to
interrogatories, and opinions of a commissioner or deputy commissioner
and opinions of the Commission, together with such other material as may
be certified by the clerk of the Commission and shall conform as nearly
as practicable to the requirements of Rule 5A:10
(b), provided, that, unless it is stated in the notice of appeal
that the appellant challenges the sufficiency of the evidence to support
the findings of the Commission, the clerk of the Commission need not
prepare or certify the transcript of any hearing.
(d) Transmission of Record. The record shall, as soon as it is
certified by the clerk of the Commission, be transmitted by him to the
clerk of the Court of Appeals. It shall be so transmitted within 30 days
after filing of the notice of appeal.
(e) Notice of Filing. The clerk of the Court of Appeals shall
promptly notify all counsel of the date on which the record is filed in
the office of the clerk of the Court of Appeals.
(f) Separate Cases. Whenever two or more cases were tried together in
the Virginia Workers' Compensation Commission, one notice of appeal and
one record may be used to bring all such cases before the Court of
Appeals even though such cases were not consolidated by formal order.
(g) Record Returned to Commission. When the mandate is issued by the
Court of Appeals, the clerk of the Court of Appeals shall return the
record to the clerk of the Commission. The clerk of the Commission shall
return the record upon request of the clerk of the Court of Appeals.