2006 Code of Virginia § 17.1-407 - Procedures on appeal

17.1-407. Procedures on appeal.

A. The notice of appeal in all cases within the jurisdiction of the courtshall be filed with the clerk of the trial court or the clerk of the VirginiaWorkers' Compensation Commission, as appropriate, and a copy of such noticeshall be mailed or delivered to all opposing counsel and parties notrepresented by counsel, and to the clerk of the Court of Appeals. The clerkshall endorse thereon the day and year he received it.

B. Appeals pursuant to 17.1-405 are appeals of right. The clerk of theCourt of Appeals shall refer each case for which a notice of appeal has beenfiled, other than appeals in criminal cases, to a panel of the court as thecourt may direct.

C. Each petition for appeal in a criminal case shall be referred to one ormore judges of the Court of Appeals as the court shall direct. A judge towhom the petition is referred may grant the petition on the basis of therecord without the necessity of oral argument. The clerk shall refer eachappeal for which a petition has been granted to a panel of the court as thecourt shall direct.

D. If the judge to whom a petition is initially referred does not grant theappeal, counsel for the petitioner shall be entitled to state orally before apanel of the court the reasons why his appeal should be granted. If all ofthe judges of the panel to whom the petition is referred are of the opinionthat the petition ought not be granted, the order denying the appeal shallstate the reasons for the denial. Thereafter, no other petition in the mattershall be entertained in the Court of Appeals.

(1984, c. 701, 17-116.05:2; 1988, cc. 71, 479; 1998, c. 872.)