A. The Supreme Court may, when a case has before been in an appellate court, inspect the record upon the former appeal; and the court may, in any case, after reasonable notice to counsel in the appellate court, award a writ of certiorari to the clerk of the court below, and have brought before it, when part of a record is omitted, the whole or any part of such record.
B. When an appeal is refused or after it has been allowed and decided, the Clerk of the Supreme Court shall return the record to the clerk of the circuit court or other tribunal. The clerk of such court or tribunal shall return the record upon the request of the Clerk of the Supreme Court. As soon as a case is decided, the Clerk of the Supreme Court shall cause the appendix and the briefs of counsel to be recorded and preserved in any manner which meets archival standards as recommended by the Archives and Records Division of The Library of Virginia.
The manuscript of the record in a case in which an opinion was delivered prior to 1950 by the Supreme Court upon refusal of an appeal shall not be destroyed and shall be retained by the clerk of such court in his files.
Code 1950, §§ 8-473, 8-501; 1974, c. 532; 1977, cc. 449, 617; 1984, c. 703; 1988, c. 324; 1994, c. 64.
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1984–2024 · leading case:
Watkins v. Commonwealth, 494 S.E.2d 859 (Va. Ct. App. 1998).
Watkins v. Commonwealth, 494 S.E.2d 859 (Va. Ct. App. 1998).
· cites it 4× “After the record has been transmitted to this Court pursuant to [the Rules of Court] and an appeal has been granted, the record on appeal cannot be enlarged except by our award of a writ of certiorari under Code § 8.”
Granado v. Commonwealth, 790 S.E.2d 233 (Va. 2016).
· cites it 4× “4 that addresses writs of certiorari in appeals to this Court, we held, "After the record has been transmitted to this Court pursuant to Rule 5:15 and an appeal has been granted , the record on appeal cannot be enlarged except by our award of a writ of certiorari under Code §…”
Godfrey v. Commonwealth, 317 S.E.2d 781 (Va. 1984).
· cites it 2× “The letter, which related to this case and to another criminal case in which the same counsel was representing another defendant, was not transmitted by the clerk below to the Clerk of this Court pursuant to Rule 5:15.”
Town of Narrows v. Clear-View Cable TV. Inc., 315 S.E.2d 835 (Va. 1984).
· cites it 2× “When, as here, the record on appeal has been transmitted in compliance with Rule 5; 15 by the clerk of the trial court to the clerk of this Court and an appeal has been awarded, the record on appeal cannot be enlarged except upon our grant of a writ of certiorari under Code § 8.”
Megel v. Commonwealth, 524 S.E.2d 139 (Va. Ct. App. 2000).
· cites it 4× “NOTES [1] After the petition for appeal was granted in this case, several transcripts (a partial transcript dated February 9, 1998 and transcripts of hearings held on November 5, 1997 and on January 12, 1998) were forwarded to this Court from the clerk's office of Fairfax County…”
Eckard v. Commonwealth, 904 S.E.2d 192 (Va. 2024).
· cites it 6× “The only legal authority he cites in that petition is Rule 5A:7, which governs the Court of Appeals, and Code § 8.01-673, which generally authorizes writs of certiorari.”
Granado v. Commonwealth, No. 150936 (Va. Sept. 8, 2016).
· cites it 4× “4 that addresses writs of certiorari in appeals to this Court, we held, “After the record has been transmitted to this Court pursuant to Rule 5:15 and an appeal has been granted, the record on appeal cannot be enlarged except by our award of a writ of certiorari under Code §…”
Ian Alexander Zimmerman v. Commonwealth of Virginia, No. 0507224 (Va. Ct. App. Aug. 15, 2023).
· cites it 2× “the record on appeal cannot be enlarged except by our award of a writ of certiorari under Code § 8.01-673.” (quoting Godfrey v. Commonwealth, 227 Va.”
Jeffrey Brian Lee v. Commonwealth of Virginia, No. 1168134 (Va. Ct. App. Aug. 18, 2015).
· cites it 2× “Second, the affidavit that appellant has appended to his brief is not properly part of the record on appeal and, therefore, this Court cannot consider it.”
Va. Code Ann. § 8.01-673(A): 2 cases
Watkins v. Commonwealth, 494 S.E.2d 859 (Va. Ct. App. 1998).
“After the record has been transmitted to this Court pursuant to [the Rules of Court] and an appeal has been granted, the record on appeal cannot be enlarged except by our award of a writ of certiorari under Code § 8.”
Eckard v. Commonwealth, 904 S.E.2d 192 (Va. 2024).
“The only legal authority he cites in that petition is Rule 5A:7, which governs the Court of Appeals, and Code § 8.01-673, which generally authorizes writs of certiorari.”
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