Va. Sup. Ct. R. 5A:1

(a) Scope of Rules. — Part Five A governs all proceedings in the Court of Appeals of

Virginia (“this Court”).

(b) Citation. — These Rules may be cited generally as the “Rules of the Court of

Appeals of Virginia” and specifically as “Rule 5A:___.”

(c) Filings; Copies; Signatures; Service. —

(1) Filings. Except as otherwise provided, all documents to be filed in this Court

must be filed electronically, in Portable Document Format (PDF), with the clerk of this

Court and electronically served on opposing counsel. Pro se litigants may file by non-electronic means. Others may file by non-electronic means only by leave of Court.

Electronic pleadings must be filed through the Virginia Appellate Courts Electronic

System (VACES) in the manner prescribed by the Guidelines and User’s Manual. All

electronic filings are governed by Rule 1:17.

(2) Copies. No paper copies are to be filed for any electronically filed

documents. For paper filings, only the original document is required.

(3) Signatures. All documents filed pursuant to Part Five A of these Rules must

be signed by counsel for the filing party, or personally signed if the party is proceeding

pro se. Documents may be signed digitally using an electronic signature.

(4) Service. Unless service or notice is otherwise specified in a given Rule, any

document or object filed with this Court must have included within it or appended to it a

certificate of service or acceptance of service showing that a copy has been transmitted to

all counsel and showing the date and manner of transmittal. If a page or word limit

applies, the certificate must also state the number of pages or words. Headings, footnotes,

and quotations are included in the page and word limit; the cover page, table of contents,

table of authorities, signature blocks, and certificate are not included in the page or word

limit.

(d) Definitions.

(1) “clerk of the trial court” means clerk of the trial court from which an appeal is

taken to this Court, and includes a deputy clerk and the clerk of the Virginia Workers’

Compensation Commission when the context requires;

(2) “clerk of this Court” includes a deputy clerk;

(3) “counsel” has the definition given in Rule 1:5 for Counsel of Record and in

this Part Five A includes a party not represented by counsel and any attorney appointed

as a guardian ad litem;

(4) “counsel for appellant” means one of the attorneys representing each appellant

represented by an attorney, and each appellant not represented by an attorney;

(5) “counsel for appellee” means one of the attorneys representing each appellee

represented by an attorney, and each appellee not represented by an attorney includes a

guardian ad litem, unless the guardian ad litem is the appellant;

(6) “opposing counsel” means, depending on the context, “counsel for the

appellant” or “counsel for the appellee”;

(7) “judge” means judge of the trial court, unless the context otherwise requires,

or if that judge is not available, any judge authorized to act under Rule 5A:9;

(8) “judgment” includes an order or decree from which an appeal is taken;

(9) “File with the clerk” or “files with the clerk” or “filed with the clerk” means

deliver to the clerk specified a document, a copy of which has been electronically

transmitted, mailed, or delivered to opposing counsel, and appended to which is either

acceptance of service or a certificate indicating the date and manner of such transmission.

“File in the office of the clerk” or “files in the office of the clerk” or “filed in the office of

the clerk” means, on the other hand, deliver a document to the clerk specified;

(10) “trial court” means the circuit court from which an appeal is taken to this

Court;

(11) the “date of entry” of any final judgment or other appealable order or decree

is the date the judgment, order, or decree is signed by the judge.

(e) Notice of Change of Address and Other Contact Information. — If an attorney or a

party pro se has a change in mailing address, telephone number, facsimile number, or e-

mail address any time after the filing of the notice of appeal, that individual must

immediately notify the clerk of this Court and all other counsel of record in writing. The

notice must reference the style and record number of all cases pending before this Court.

(f) Citing Unpublished Judicial Dispositions. — The citation of judicial opinions,

orders, judgments, or other written dispositions that are not officially reported, whether

designated as “unpublished,” “not for publication,” “non precedential,” or the like, is

permitted as informative, but will not be received as binding authority. If the cited

disposition is not available in a publicly accessible electronic database, a copy of that

disposition must be filed with the brief or other paper in which it is cited.

(g) Substitution of Parties.

(1) Substitution of a Successor. — If a person becomes incapable of prosecuting

or defending because of death, disability, conviction of felony, or other cause, and the

claim is not extinguished, a successor in interest may be substituted as a party in such

person’s place.

(2) Motion. — Substitution may be made on motion of the successor or of any

party to the appeal.

(3) Public Officers; Death or Separation from Office. — An action does not abate

when a public officer who is a party in an official capacity dies, resigns, or otherwise

ceases to hold office while the action is pending. The officer’s successor is

automatically substituted as a party. Later proceedings should be in the substituted

party’s name, but any misnomer not affecting the parties’ substantial rights must be

disregarded. The Court may order substitution at any time, but the absence of such an

order does not affect the substitution.