VA · rules
Va. Sup. Ct. R. 5:41
Appeal of Orders Relating to Quarantine or Isolation of Persons
(a) Quarantine Related Code Provisions. — In proceedings involving circuit court
orders of quarantine of a person or persons pursuant to Article 3.02 of Chapter 2 of Title
32.1 of the Code of Virginia, the provisions of Code § 32.1-48.010 apply with respect to
appealability of such orders, the e ffect of an appeal upon any order of quarantine,
availability of expedited review, stay of quarantine orders, and representation by c ounsel.
(b) Isolation Order Code Provisions. — In proceedings involving circuit court
orders of isolation of a person or persons pursuant to Article 3.02 of Chapter 2 of Title
32.1 of the Code of Virginia, the provisions of Code § 32.1-48.013 apply with respect to
appealability of such orders, the effect of an appeal upon any order of isolation,
availability of expedited r eview, stay of isolation orders, and representation by counsel.
(c) Transmission of Record. — In all appeals under this rule, the clerk of the Court
of Appeals must transmit the record to the Clerk of the Supreme Court immediately upon
the filing of the notice of appeal.
(d) Expedited Procedures. — Unless otherwise ordered by the Court, after the filing
of the petition for appeal under t his Rule, 48 hours should be allowed for the filing of the
brief in opposition. However, the Court may employ the expedited review provision in
Rule 5:18(c). The Court will act upon the petition within 72 hours of its filing. Should the
Court grant a writ, the Court may, in its discretion, permit oral argument within 48 hours
of granting the writ. The Court will issue an order within 24 hours of th e argument or of
its review of the case without oral argument. The Court has the authority to alter these
time frames in any case.
(e) Oral Argument. — The Court must hold any oral argument in appeals under this
rule in a manner so as to protect the healt h and safety of individuals subject to any such
order or quarantine or isolation, court personnel, counsel, and the general public. To this
end, the Court may take measures including, but not limited to, ordering any oral
argument to be held by telephone o r video conference or ordering those present to take
appropriate precautions, including wearing personal protec tive equipment. If necessary,
the Court may dispense with oral argument.
History
Last amended by Order dated November 1, 2021; effective January 1, 2022.
Provenance
- Source
- www.vacourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
1ad800ed25dd61b506e61e9981e3aaa83cd4da4a5df365a4c77aa6d6f811723a
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