Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 26. Appeals to the Supreme Court » Article 2. When Granted
Virginia Code

Va. Code Ann. § 8.01-671 (2026)

Time within which petition must be presented

✓ current as of May 2026
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A. In cases where an appeal is permitted from the trial court to the Supreme Court, no petition shall be presented for an appeal to the Supreme Court from any final judgment, whether the Commonwealth be a party or not, that was rendered more than 90 days before the petition is presented, provided that an extension may be granted, in the discretion of the Supreme Court, on motion for good cause shown.

B. No appeal to the Supreme Court from a decision of the Court of Appeals shall be granted unless a petition for appeal is filed within 30 days after the date of the decision appealed from. However, an extension may be granted, in the discretion of the court, on motion for good cause shown.

Code 1950, § 8-463; 1977, cc. 2, 617; 1984, c. 703; 2017, cc. 651, 652; 2021, Sp. Sess. I, c. 489; 2022, c. 714.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1984–2026 · leading case: Smith v. Woodlawn Const. Co., Inc., 368 S.E.2d 699 (Va. 1988).
Sort: Relevance Newest Treatment
Smith v. Woodlawn Const. Co., Inc., 368 S.E.2d 699 (Va. 1988). · cites it 4× “Woodlawn bases its argument upon Code § 8.01-671(B), enacted in 1977, which requires a petition for an appeal from an interlocutory decree to be presented within three months of its entry.”
Watkins v. Fairfax Cnty. Dep't of Fam. Servs., 595 S.E.2d 19 (Va. Ct. App. 2004). · cites it 2× “Code 8-463 [now Code § 8.01-671]. That rule is jurisdictional.”
Long v. Commonwealth, 375 S.E.2d 368 (Va. Ct. App. 1988). · cites it 4× “2d 653, 654 (1985) (where the Supreme Court, in interpreting its own filing requirements stated: "The time for filing petitions for appeal fixed in Code § 8.01-671 and Rule 5:24 is jurisdictional"); see also Vaughn v.”
Upshur v. Haynes Furniture Co., 324 S.E.2d 653 (Va. 1985). · cites it 2× “Hence, the order we entered was in accord with the distinction the statute draws between a filing extension and a continuance.”
City of Danville v. Garrett, 803 S.E.2d 326 (Va. 2017). · cites it 4× “In response thereto, Garrett contends that this Court lacks subject matter jurisdiction over this appeal under Code § 8.01-671. We reject that contention, concluding that Code § 8.”
Wilcox v. Lauterbach Elec. Co., 357 S.E.2d 197 (Va. 1987). · cites it 2× “2 Lauterbach moved to dismiss the petition, asserting, inter alia, that the order of October 16, 1985, was the final order and that the petition, filed some five months later, was not timely under Code § 8.01-671 and Rule 5:17. 3 We granted Dana and Diane Wilcox an appeal and…”
Ascue v. Clarke (W.D. Va. 2021). · cites it 2× “Under Virginia Code § 8.01-671(C), Ascue had thirty days thereafter to appeal the dismissal.”
Cecil (W.D. Va. 2026). · cites it 2× “Va. Code Ann. § 8.01-671 . II. DISCUSSION The court construes Cecil’s request for a stay as an effort to obtain a “favorable- termination” of his conviction and avoid the bar in Heck v.”
Carter v. Virginia Bd. of Med., 54 Va. Cir. 559 (Norfolk Cir. Ct. 2001). · cites it 2× “2d 653, 654 (1985) (where the Supreme Court, in interpreting its own filing requirements, stated: “[t]he time for filing petitions for appeal fixed in Code § 8.01-671 and Rule 5:24 is jurisdictional”).”
Bio-Med. Applications of Arlington, Inc. v. Kenley, 5 Va. Cir. 159 (Arlington Cir. Ct. 1984). · cites it 3× “1-102.7 cannot be modified or expanded by a CON regulation.”
Ostrander v. Angelone, 43 F. App'x 684 (4th Cir. 2002). “The district court’s order inquired as to the date Ostrander filed his petition in the Virginia Supreme Court, but did not inquire as to when he filed his petition in the City of Roanoke Circuit Court.”
Va. Code Ann. § 8.01-671(B): 1 case
Smith v. Woodlawn Const. Co., Inc., 368 S.E.2d 699 (Va. 1988). “Woodlawn bases its argument upon Code § 8.01-671(B), enacted in 1977, which requires a petition for an appeal from an interlocutory decree to be presented within three months of its entry.”
Va. Code Ann. § 8.01-671(C): 1 case
Ascue v. Clarke (W.D. Va. 2021). “Under Virginia Code § 8.01-671(C), Ascue had thirty days thereafter to appeal the dismissal.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.