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VA · rules

Va. Sup. Ct. R. 5:41

Appeal of Orders Relating to Quarantine or Isolation of Persons

activein force · 2022-01-01 – presentact-effective-date

(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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