2006 Code of Virginia § 16.1-112 - All papers transmitted to appellate court; further proceedings

16.1-112. All papers transmitted to appellate court; further proceedings.

The judge or clerk of any court from which an appeal is taken under thisarticle shall promptly transmit to the clerk of the appellate court theoriginal warrant or warrants or other notices or pleadings with the judgmentendorsed thereon, together with all pleadings, exhibits and other papersfiled in the trial of the case, the required bond, and, if applicable, themoney deposited to secure such bond and the writ tax and costs paid pursuantto 16.1-107, and the fees for service of process of the notice of appeal inthe circuit court. Upon receipt of the foregoing by the clerk of theappellate court, the case shall then be docketed.

When such case has been docketed, the clerk of such appellate court shall bywriting to be served, as provided in 8.01-288, 8.01-293, 8.01-296 and8.01-325, or by certified mail, with certified delivery receipt requested,notify the appellee, or by regular mail to his attorney, that such an appealhas been docketed in his office; provided, that upon affidavit by theappellant or his agent in conformity with 8.01-316 being filed with theclerk, the clerk shall post such notice at the front door of his courtroomand shall mail a copy thereof to the appellee at his last known address orplace of abode or to his attorney; and he shall file a certificate of suchposting and mailing with the papers in the case. No such appeal shall beheard unless it appears that the appellee or his attorney has had suchnotice, or that such certificate has been filed, 10 days before the datefixed for trial, or has in person or by attorney waived such notice.

(1956, c. 555; 1958, c. 211; 1972, c. 585; 1984, c. 108; 1988, c. 698; 2004,c. 366.)