Except as provided in § 19.2-400 for pretrial appeals by the Commonwealth in criminal cases and in § 19.2-401 for cross appeals by the defendant in such pretrial appeals, a notice of appeal to the Court of Appeals in any case within the jurisdiction of the court shall be filed within 30 days from the date of any final judgment order, decree, or conviction. When an appeal from an interlocutory decree or order is permitted, the notice of appeal shall be filed within 30 days from the date of such decree or order, except for pretrial appeals pursuant to § 19.2-398. However, an extension may be granted, in the discretion of the Court of Appeals, on motion for good cause shown.
For purposes of this section, § 17.1-408, and an appeal pursuant to § 19.2-398, a petition for appeal in a criminal case or a notice of appeal to the Court of Appeals, shall be deemed to be timely filed if (i) it is mailed postage prepaid by registered or certified mail and (ii) the official postal receipt, showing mailing within the prescribed time limits, is exhibited upon demand of the clerk or any party.
1984, c. 703; 1987, c. 710; 2003, c. 109; 2021, Sp. Sess. I, c. 489; 2022, c. 714.
Notes of Decisions
Cited in
64
cases (
22 in the last 5 years), 1990–2026 · leading case:
Est. of Hackler v. Hackler, 602 S.E.2d 426 (Va. Ct. App. 2004).
Carlton v. Paxton, 415 S.E.2d 600 (Va. Ct. App. 1992).
· cites it 6× “Code § 8.01-675.3 and Rule 5A:6(a) require that notice of appeal to this court be filed within thirty days of any final judgment.”
Watkins v. Fairfax Cnty. Dep't of Fam. Servs., 595 S.E.2d 19 (Va. Ct. App. 2004).
· cites it 3× “1-407, and, “shall be filed within 30 days from the date of any final judgment order, decree or conviction,” Code § 8.01-675.3. The “time[ ] prescribed for filing the notice of appeal .”
Stinnie v. Holcomb, 355 F. Supp. 3d 514 (W.D. Va. 2018).
· cites it 3× “( Va. Code § 8.01-675.3 ). Similarly, for those who have their licenses suspended for failure to make payments according to a payment plan, the time to appeal has long since passed.”
Wells v. Shenandoah Valley Dep't of Soc. Servs., 692 S.E.2d 286 (Va. Ct. App. 2010).
· cites it 4× “counsel files with the clerk of the trial court a notice of appeal, and at the same time mails or delivers a copy of such notice to all opposing counsel and the clerk of the Court of Appeals.”
Woody v. Commonwealth, 670 S.E.2d 39 (Va. Ct. App. 2008).
· cites it 3× “Code § 8.01-675.3, in turn, requires that “a notice of appeal .”
Vokes v. Vokes, 504 S.E.2d 865 (Va. Ct. App. 1998).
· cites it 4× “TIMELINESS OF MOTHER’S NOTICE OF APPEAL OF THE ORDER ENTERED ON JULY 3 Father contends that mother’s appeal of the trial court’s order of July 3 should be dismissed because it was not filed within the time limits of Rule 5A:6(a) and Code § 8.01-675.3. We agree. Under Rule…”
Alexander v. Flowers, 658 S.E.2d 355 (Va. Ct. App. 2008).
· cites it 2× “” Code § 8.01-675.3 requires a notice of appeal to be filed “within thirty days from the date of any final judgment order, decree or conviction.”
Carrithers v. Harrah, 723 S.E.2d 638 (Va. Ct. App. 2012).
· cites it 2× “” See Code § 8.01-675.3 (providing that generally, “a notice of appeal to the Court of Appeals in any case within the jurisdiction of the court shall be filed within 30 days from the date of any final judgment order, decree or conviction”).”
Zion Church Designers & Builders v. McDonald, 445 S.E.2d 704 (Va. Ct. App. 1994).
· cites it 3× “Code § 8.01-675.3. No appeal from an order of the Commission shall be allowed unless, within 30 days after entry of the order appealed from, .”
Virginia Dep't of Corr. v. Compton, 623 S.E.2d 397 (Va. Ct. App. 2005).
· cites it 2× “Rule 5A:6(a); see also Code § 8.01-675.3 (“[A] notice of appeal to the Court of Appeals in any case within the jurisdiction of the court shall be filed within 30 days from the date of any final judgment order, decree or conviction.”
Rayshawn Torrell Greer v. Commonwealth of Virginia, 796 S.E.2d 422 (Va. Ct. App. 2017).
· cites it 2× “” Code § 8.01-675.3. The Rules of the Supreme Court state, No appeal shall be allowed unless, within 30 days after entry of final judgment or other appealable order or decree, or within any specified extension thereof granted by this Court under Rule 5A:3(a), counsel files with…”
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