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VA · rules

Va. Sup. Ct. R. 5:13

Record on Appeal: Preparation and Transmission

activein force · 2021-03-01 – presentact-effective-date

(a) Preparation. The clerk of the trial court, disciplinary board, or commission in

which the proceeding originated must prepare the record as soon as possible after notice

of appeal is filed. In the event of multiple appeals in the same case, or in cases tried

together, only one record need be prepared and transmitted.

(b) Form of the Record.

(1) The record must be compiled in the following order:

(i) a front cover setting forth the name of the court and the short style of the

case;

(ii) a table of contents listing each paper included in the record and the page

on which it begins;

(iii) each paper constituting a part of the record in chronological order; and

(iv) the certificate of the clerk of the trial court that the foregoing constitutes

the true and complete record, except omitted exhibits as hereinafter provided.

(2) Each page of the record must be numbered at the bottom.

(3) Transcripts, depositions, and reports of commissioners may be included in

separate volumes identified by the clerk of the trial court if referred to in the table of

contents and at the appropriate place in the record.

(4) Exhibits, other than those filed with pleadings, may be included in a separate

volume or envelope certified by the clerk of the trial court, except that any exhibit

that cannot be conveniently placed in a volume or envelope must be identified by a

tag. Each such volume or envelope must include, on its cover or inside, a descriptive

list of exhibits contained therein. Reference must be made to exhibits in the table of

contents and at the appropriate place in the record referred to in paragraph (b)(1) of

this Rule. The clerk of the trial court must not transmit the following types of

exhibits, unless requested to do so by the clerk of this Court: drugs, guns and other

weapons, ammunition, blood vials and other bio-hazard type materials, money,

jewelry, articles of clothing, and bulky items such as large graphs and maps. The

omission of any such exhibit must be noted on the descriptive list of exhibits. Upon

motion by counsel, this Court may order the trial court to transmit any of these

prohibited exhibits.

(5) Any transcript or statement of facts that the clerk of the trial court deems not a

part of the record because of untimely filing must be certified as such and

transmitted with the record.

(c) Transmission. The clerk of the trial court must retain the record for 21 days after

the notice of appeal has been filed with him pursuant to Rule 5:9. If the notice of appeal

states that a transcript or statement will thereafter be filed, the clerk of the trial court must

retain the record for 21 days after the filing in his office of such transcript or statement or,

if objection is made to the transcript or statement pursuant to Rule 5:11(g), the clerk of

the trial court must retain the record for 5 days after the objection is acted upon by the

trial judge. The clerk of the trial court must then forthwith transmit the record to the

clerk of this Court; provided, however, that, notwithstanding that the foregoing periods of

retention may not have expired, the clerk of the trial court must transmit the record

sooner if requested in writing by counsel for all parties to the appeal and must, whether or

not so requested, transmit the record in time for delivery to the clerk of this Court within

90 days after entry of the judgment appealed from. The failure of the clerk of the trial

court to transmit the record as herein provided will not be a ground for dismissal of the

appeal by this Court.

(d) Record Returned to Trial Court. When the mandate is issued by this Court, the

clerk of this Court must return the record to the clerk of the trial court, disciplinary board,

or commission in which the proceeding originated. The record must be returned by that

clerk upon the request of the clerk of this Court.

History

Last amended by Order dated November 23, 2020; effective March 1, 2021.

Provenance

Source
www.vacourts.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
499ee457ee40ebeaec694e1fac682d7424797dea38c9c35d6dc5fae76291c3b2
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