The judge or clerk of any court from which an appeal is taken under this article shall promptly transmit to the clerk of the appellate court the case papers, which shall include the original warrant or warrants or other notices or pleadings with the judgment endorsed thereon, together with all pleadings, exhibits, and other papers filed in the trial of the case. The required bond, and, if applicable, the money deposited to secure such bond and the writ tax and costs paid pursuant to § 16.1-107 shall also be submitted, along with the fees for service of process of the notice of appeal in the circuit court. Upon receipt of the foregoing by the clerk of the appellate court, the case shall then be docketed, except that an appeal from an order of protection issued pursuant to § 19.2-152.10 shall be assigned a case number within two business days upon receipt of such appeal.
When such case has been docketed, the clerk of such appellate court shall by writing to be served, as provided in §§ 8.01-288, 8.01-293, 8.01-296, and 8.01-325, or by certified mail, with certified delivery receipt requested, notify the appellee, or by regular mail to his attorney, that such an appeal has been docketed in his office, provided that upon affidavit by the appellant or his agent in conformity with § 8.01-316 being filed with the clerk, the clerk shall post such notice at the front door of his courtroom and shall mail a copy thereof to the appellee at his last known address or place of abode or to his attorney, and he shall file a certificate of such posting and mailing with the papers in the case. No such appeal shall be heard unless it appears that the appellee or his attorney has had such notice, or that such certificate has been filed, 10 days before the date fixed for trial, or has in person or by attorney waived such notice.
If a party files an appeal of a district court order of protection entered pursuant to § 19.2-152.10, such notice of appeal shall be on a form prescribed by the Office of the Executive Secretary. The district court clerk shall contact the appellate court to determine whether the hearing on the appeal shall be set by the appellate court on (i) a date scheduled by the district court clerk with the court, (ii) on the next docket call date, or (iii) a date set for district court appeals. Once the hearing date is set and the appeal documents have been transmitted, the appellate court shall have the parties served with notice of the appeal stating the date and time of the hearing in accordance with subdivision 1 of § 8.01-296. No such hearing on the appeal shall be heard in the appellate court unless the appellee has been so served with such notice or notice has been waived by the non-moving party.
1956, c. 555; 1958, c. 211; 1972, c. 585; 1984, c. 108; 1988, c. 698; 2004, c. 366; 2016, c. 612; 2018, cc. 32, 134; 2019, c. 718; 2020, c. 905.
Notes of Decisions
Parrish v. Fed. Nat'l Mortg. Ass'n, 787 S.E.2d 116 (Va. 2016).
· cites it 8× “Fannie Mae responds that the court did not err because Code § 16.1-112 requires the general district court to transmit the record of the original proceedings to the circuit court when an appeal is taken there.”
Hurst v. Ballard, 337 S.E.2d 284 (Va. 1985).
· cites it 12× “585, the writ tax requirement was set forth in Code § 16.1-112, which provided in pertinent part: If within thirty days from the date of the judgment the appellant shall pay to the clerk of the court to which the appeal is taken the amount of the writ tax as fixed by law and…”
Albert v. Ramirez, 613 S.E.2d 865 (Va. Ct. App. 2005).
· cites it 4× “Husband does not contend that he never received notice that wife filed an appeal. He only claims he did not timely receive service of process.”
Godlewski v. Gray, 277 S.E.2d 213 (Va. 1981).
· cites it 5× “Code § 16.1-112. 3 Godlewski and Schrieber filed motions to dismiss the appeals, contending the circuit court lacked jurisdiction because the bonds had not been posted in the district court within 10 days of judgment.”
Burks v. Three Hills Corp., 200 S.E.2d 521 (Va. 1973).
· cites it 4× “Code § 16.1-112 (Repl. Vol. 1960), states in pertinent part: “If within thirty days from the date of the judgment the appellant shall pay to the clerk of the court to which the appeal is taken the amount of the writ tax as fixed by law and costs as required .”
Overnite Transp. Co. v. Barnett's, Inc., 217 Va. 222 (Va. 1976).
· cites it 5× “The requirement of notice that an appeal has been docketed is contained in Code § 16.1-112. 2 This section is part of Article 3, entitled “Procedure in Civil Cases,” of Chapter 6 of Title 16.”
Boyce v. Athey, 4 Va. Cir. 19 (Frederick Cir. Ct. 1980).
· cites it 4× “The defendant took no steps with respect to appeal, and the General District Court, in accordance with Section 16.1-112, transmitted all the papers, the bond, the writ tax and costs to the Clerk of this Court.”
Nationwide Mut. Ins. Co. v. Tuttle, 155 S.E.2d 358 (Va. 1967).
“In this case, an appeal was taken from the county court to the circuit court having jurisdiction. Section 16.1-106, Code of 1950, 1960 Repl.”
Sch. Bd. for the City of Richmond v. Mark Emerick Lee, Jr. (Va. Ct. App. 2023).
· cites it 14× “Code § 16.1-112 provides that upon payment of the writ tax and other fees and costs: -8- The judge or clerk of any court from which an appeal is taken under this article shall promptly transmit to the clerk of the appellate court the case papers, which shall include the original…”
Powell v. Rawlings, 78 Va. Cir. 369 (Greensville Cir. Ct. 2009).
“Pursuant to § 16.1-112 ofthe Code ofVirginia, onMarch20,2009, the Circuit Court case transmittal and fees remittance sheet was filed by the clerk of court, recording that the Greensville Circuit Court holds the appeal bond in the amount of $2,500.”
Phoebe Dacha v. Henrico Dep't of Soc. Servs. (Va. Ct. App. 2025).
· cites it 2× “Although “appeals from courts not of record are heard by the circuit court de novo, Code § 16.1-112 requires the lower court to transmit its record to the circuit court.”
Annotations are extracted automatically from the opinions in the
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