Va. Sup. Ct. R. 5A:6

(a) Filing Deadline; Where to File. — Except as otherwise provided by statute, no

appeal will be allowed unless, within 30 days after entry of final judgment or other

appealable order or decree, or within any specified extension thereof granted by this

Court under Rule 5A:3(a), counsel files with the clerk of the trial court a notice of appeal,

and at the same time transmits, mails, or delivers a copy of such notice to all opposing

counsel. A notice of appeal filed after the trial court announces a decision or ruling—but

before the entry of such judgment or order—is treated as filed on the date of and after the

entry. A party filing a notice of an appeal of right to this Court must simultaneously file

in the trial court an appeal bond if required by Code § 8.01-676.1.

(a1) Appeals from the Circuit Court. — Pursuant to Rule 1:1B, if a circuit court

vacates a final judgment, a notice of appeal filed prior to the vacatur order is moot and of

no effect. A new notice of appeal challenging 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.

(a2) Appeal of Certified Questions or Multiple Claimant Litigation Act Orders. — A

notice of appeal is not required for a petition for appeal of a certified question under Code

§ 8.01-675.5(A) or an interlocutory appeal under Code § 8.01-267.8 of the Multiple

Claimant Litigation Act.

(b) Content. — The notice of appeal must contain a statement whether any transcript

or statement of facts, testimony, and other incidents of the case will be filed.

(c) Filing Fee. — A copy of the notice of appeal must be filed in the office of the clerk

of this Court and, except as otherwise provided by law, must be accompanied by the $50

filing fee required by statute. The fee is due at the time the notice of appeal is presented.

The clerk of this Court will file any notice of appeal that is not accompanied by such fee

if the fee is received by the clerk within 10 days of the date the notice of appeal is filed. If

the fee is not received within such time, the appeal will be dismissed.

(d) Certificate. — The appellant must include with the notice of appeal a certificate

stating:

(1) the names and addresses of all appellants and appellees, the name, Virginia

State Bar number, mailing address, telephone number (including any applicable

extension), facsimile number (if any), and e-mail address (if any) of counsel for each

party; and the mailing address, telephone number, facsimile number (if any), and e-mail

address (if any) of any party not represented by counsel; and

(2) that a copy of the notice of appeal has been transmitted, mailed, or delivered

to all opposing counsel; and

(3) in a criminal case a statement whether counsel for defendant has been

appointed or privately retained; and

(4) that in the event a transcript is to be filed a copy of the transcript has been

ordered from the court reporter who reported the case or is otherwise already in the

possession of appellant, or was previously filed in the proceedings.

(e) Separate Cases. — Whenever two or more cases were tried together in the trial

court, one notice of appeal and one record may be used to bring all of such cases before

this Court even though such cases were not consolidated by formal order.

(f) Special Provision for Cases Involving a Guardian Ad Litem. — No appeal will be

dismissed because the notice of appeal fails to identify a guardian ad litem or to provide

notice to a guardian ad litem. Upon motion for good cause shown or by sua sponte order

of this Court, the notice of appeal may be amended to identify the guardian ad litem and

to provide notice to such guardian.

(g) Notice of Appearance by the Commonwealth in Criminal Cases. — Within 10

days of the filing of the trial court record in a criminal case in the Court of Appeals, the

Attorney General, or the attorney for the Commonwealth who prosecuted the underlying

criminal case, acting 2 pursuant to Code § 2.2-511 and with the consent of the Attorney

General, must file a notice of appearance identifying the attorney(s) representing the

Commonwealth in the appeal. The notice of appearance must identify the name, Virginia

State Bar number, mailing address, telephone number (including any applicable

extension), facsimile number (if any), and e-mail address (if any) of counsel who is to

represent the Commonwealth in the appeal. If the notice is being filed by the attorney for

the Commonwealth who prosecuted the underlying criminal case, it must include a

certification that the Attorney General has consented to the representation. A copy of the

notice of appearance must be served on counsel for the appellant.

Form

NOTICE OF APPEAL FROM TRIAL COURT

(Rule 5A:6)

VIRGINIA: IN THE CIRCUIT COURT OF ________________________________

(The style of the case in the Circuit Court.)

NOTICE OF APPEAL

(name(s) of party(ies)) (plaintiff, defendant or other designation in trial

court)

______________________________________ hereby appeals to the Court of Appeals of

Virginia from the

(final judgment or other appealable order or decree)

of this Court entered on ______________.

(date)

[If applicable]

This is a termination of parental rights case (Va. Code §16.1-283, §16.1-277.01,

§16.1-277.02 or §16.1-278.3).

A transcript will be filed.

A statement of facts, testimony, and other incidents of the case will be filed.

[In criminal cases only:] Appellant requests the clerk of the circuit court to cause

a transcript to be prepared of the following circuit court proceedings:

CERTIFICATE

The undersigned certifies as follows:

(1) The name(s) and address(es) of appellant(s) are:

[If applicable] Appellant(s), is (are) not represented by counsel. The telephone

number(s), facsimile number (if any) and e-mail address (if any) of appellant(s) are:

(2) The name(s), Virginia State Bar numbers(s), address(es), telephone number(s),

facsimile number (if any), and email address(es) (if any) of counsel for appellant(s) are:

(3) The name(s) and address(es) of appellee(s) are:

[If applicable] Appellee(s), is (are) not represented by counsel. The telephone

number(s) facsimile number (if any) and e-mail address (if any) of appellee(s) (are):

(4) The name(s), Virginia State Bar numbers(s), address(es), and telephone number(s),

facsimile number (if any), and email address(es) (if any) of counsel for appellee(s) are:

(5) [If applicable] The name(s), address(es), and telephone number(s) of the guardian ad

litem for the child(ren) is (are):

(6) [If applicable] Counsel for appellant, or appellant if not represented by counsel, has

ordered from the court reporter who reported the case the transcript for filing as required

by Rule 5A:8(a).

(7) [If applicable] ____________________________, ____________________________

(name of party) (appellant)

__________________, is not represented by counsel. ____________________________

(appellee) (his) (her)

address and telephone number are:

(8) [In criminal and termination of parental rights cases only] Counsel for defendant has

been

(appointed) (privately retained)

(9) A copy of this Notice of Appeal has been mailed, emailed, or delivered to all

opposing counsel [and/or to unrepresented parties, to the guardian ad litem, if applicable]

and to the Clerk of the Court of Appeals this ______ day of _____________, 20____.

(Signature of counsel or unrepresented party)