Va. Sup. Ct. R. 1:1B

(a) Jurisdiction After Notice of Appeal. — When a final judgment under Rule 1:1(b) or

a partial final judgment under Rule 1:2 is appealed from a circuit court to the Court of

Appeals or, when allowed by statute, directly to the Supreme Court, the following

principles govern the exercise of jurisdiction by the circuit and appellate court:

(1) Effect of Notice. Immediately upon the filing of a notice of appeal the appellate

court acquires jurisdiction over the case. After the filing of the notice of appeal, however,

the circuit court retains concurrent jurisdiction for the purposes specified in this Rule,

including acting upon any of the matters set forth in subparts (a)(3)(A)-(H) of this Rule.

(2) Notice of Appeal Within 21 Days. If a notice of appeal has been filed prior to the

expiration of the 21-day period prescribed by Rule 1:1, the circuit court retains plenary,

concurrent jurisdiction over the case until the expiration of that period.

(A) If the circuit court vacates the final judgment during this 21-day period, a notice of

appeal filed prior to the vacatur order is thereby rendered moot and of no effect. The clerk

of the circuit court must forward a copy of the vacatur order to the appropriate appellate

court and — if an appeal has been docketed in the matter — upon receipt of the circuit

court's vacatur order the appellate court must issue an order dismissing the appeal as moot.

(B) Following a circuit court's vacatur order, a new notice of appeal from the entry of

any subsequent final judgment must be timely filed. No new notice of appeal is required,

however, for a prior final judgment that was merely suspended or modified, but not

vacated. The fact that a prior notice of appeal has been rendered moot by a vacatur order,

and that any docketed appeal thereon has been dismissed, has no effect upon proceedings

pursuant to a notice of appeal filed after the entry of a subsequent final judgment by the

circuit court.

(3) Notice of Appeal Filed After 21 Days. If a notice of appeal has been filed after

the expiration of the 21-day period prescribed by Rule 1:1, the circuit court retains limited,

concurrent jurisdiction during the pendency of the appeal solely for the purposes of:

(A) addressing motions to grant post-conviction bail during the pendency of an

appeal in criminal cases;

(B) addressing motions to stay the judgment pending appeal;

(C) addressing motions and objections in civil cases relating to the amount or form

of an appeal or suspending bond pursuant to Code § 8.01-676.1;

(D) correcting clerical mistakes in a final judgment in accordance with Code §

8.01-428(B), but only with leave of the appellate court;

(E) exercising its authority under Code § 19.2-306 to revoke suspended criminal

sentences and to pronounce judgment for violations of any terms of suspension, conditions

of probation, either or both;

(F) addressing motions to enforce a final judgment, including, but not limited to,

the exercise of the court's contempt powers;

(G) appointing appellate counsel for indigent criminal defendants; or

(H) taking any other action authorized by statute or Rule of Court to be undertaken

notwithstanding the expiration of the 21-day period prescribed by Rule 1:1, which actions

include, but are not limited to, those authorized by Code §§ 8.01-392 to -394, 8.01-428,

8.01-623, 8.01-654(A)(2), 8.01-677, 19.2-303, 20-107.3 (K), 20-108, and 20-109 and

Rules 1:1A, 5:10(b), 5:11, 5A:7(b), and 5A:8, so long as the party requesting the action

complies with the applicable time limitation in the statute or Rule authorizing such action.

(4) Correcting Clerical Mistakes Before the Filing of a Notice of Appeal. Before a

notice of appeal has been filed, the circuit court has plenary authority to correct clerical

mistakes in a final judgment during the 21-day period prescribed by Rule 1:1. After the

expiration of that 21-day period, and before a notice of appeal has been filed, a circuit

court has authority pursuant to Code § 8.01-428(B) to correct clerical mistakes in a final

judgment.

(b) Motion to Dismiss in the Appellate Court. — At any time after a notice of appeal

has been filed and after the expiration of the 21-day period prescribed by Rule 1:1, any

party to an appeal may file a motion in the appellate court to dismiss the appeal. The

motion may assert that the appeal has become moot or cannot proceed for some other

sufficient reason. The failure to file such a motion, however, does not preclude a party

from making such arguments in its appellate briefs. The appellate court may decide the

motion based upon the existing record or, in its discretion, issue a temporary remand of the

matter to the circuit court for the purpose of making findings of fact regarding factual

issues relevant to the motion.

(c) Motion in Appellate Court for Appointment of Counsel. — At any time after a

notice of appeal has been filed and after the expiration of the 21-day period prescribed by

Rule 1:1, a party legally entitled to appointed counsel may file a motion in the appropriate

appellate court for the appointment of appellate counsel. The appellate court may act upon

the motion or may, in its discretion, refer the motion to the circuit court for appointment.