Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 26.1. Appeals to the Court of Appeals
Virginia Code

Va. Code Ann. § 8.01-675.4 (2026)

Inspection and return of records; certiorari when part of record is omitted; retention of records

✓ current as of May 2026
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When a case has previously been in an appellate court, the Court of Appeals may inspect the record of the former appeal. 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 trial court and have brought before it, when part of a record is omitted, the whole or any part of such record. As soon as a case is decided, the clerk of the Court of Appeals shall cause the appendix, if any, and 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.

1984, c. 703; 1988, c. 197; 1994, c. 64.

Notes of Decisions
Cited in 13 cases (4 in the last 5 years), 1986–2025 · leading case: Watkins v. Commonwealth, 494 S.E.2d 859 (Va. Ct. App. 1998).
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Watkins v. Commonwealth, 494 S.E.2d 859 (Va. Ct. App. 1998). · cites it 14× “Finding that resolution of the issue before us depended on our review of the transcript from the November 22, 1995 hearing, we issued a writ of certiorari, pursuant to Code § 8.01-675.4, to compel the clerk of the trial court to forward the missing transcript.”
Granado v. Commonwealth, 790 S.E.2d 233 (Va. 2016). · cites it 8× “" The fact that this document was never signed by the circuit court judge prevents it from being considered as an authoritative account of the events at trial in lieu of a transcript, but it does not prevent it from being contained within the record transmitted by the clerk of…”
Buck v. Commonwealth, 443 S.E.2d 414 (Va. 1994). · cites it 4× “NOTES [*] The jury list was not part of the record on appeal until Buck sought a writ of certiorari to the trial court pursuant to Code § 8.01-675.4 to add the list to the record on appeal.”
Crumble v. Commonwealth, 343 S.E.2d 359 (Va. Ct. App. 1986). · cites it 2× “Noting the inconsistency in appellant’s argument, counsel’s statements and the reporter’s notes, on December 17, 1985, pursuant to Code § 8.01-675.4, we directed the clerk of the trial court to cause that portion of the trial court record consisting of the court reporter’s…”
Granado v. Commonwealth, No. 150936 (Va. Sept. 8, 2016). · cites it 7× “4 ordering the circuit court to transfer the proposed written statement of facts filed by Granado on August 18, 2014, no such writ was required because such writs are only necessary after a petition for appeal has been granted.”
Kevin Alexander Connell v. Commonwealth, No. 1121022 (Va. Ct. App. Oct. 14, 2003). · cites it 8× “Code § 8.01-675.4 allows this Court to "award a writ of certiorari to the clerk of the trial court and have brought before it, when part of a record is -4- omitted, the whole or any part of such record.”
Spencer Lee Ford, Jr. v. Commonwealth of Virginia, No. 2171132 (Va. Ct. App. Oct. 21, 2014). · cites it 4× “He maintains the trial court clerk “has stated that a complete and accurate record does not currently exist,” and asks that we summon the clerk of the trial court pursuant to Code § 8.01-675.4 to ascertain whether “the defects in the record may be remedied and the trial court’s…”
Vinay Pendli v. Sudheera Gajula, No. 1813194 (Va. Ct. App. May 19, 2020). · cites it 2× “See Code § 8.01-675.4 (a writ of certiorari to the clerk of the trial court shall lie “when part of a record is omitted” (emphasis added)).”
William Henry Thompson v. Commonwealth of Virginia, No. 1567191 (Va. Ct. App. Nov. 4, 2020). · cites it 2× “and not from judicial reasoning or 3 The transcript of the September 25, 2017 hearing was not included as a part of the record transmitted to this Court by the trial court.”
Emily Katherine Delaune v. Commonwealth of Virginia, No. 0328221 (Va. Ct. App. Jan. 10, 2023). · cites it 2× “” A few days later the Commonwealth petitioned this Court under Code § 8.01-675.4 to issue a writ of certiorari to obtain a copy of a major violation report and unexecuted capias order.”
Eckard v. Commonwealth, No. 1230333 (Va. Aug. 1, 2024). · cites it 2× “As Judge Burks pointed out, the writ of certiorari is “an appellate proceedings requiring the inspection of “the record of the former appeal” pursuant to Code § 8.01-675.4, see, e.g., Granado v. Commonwealth, 292 Va.”
Donald B. Bavely v. AV Auto., L.L.C., No. 2165234 (Va. Ct. App. Aug. 12, 2025). · cites it 2× “Over the next six months, the parties filed multiple joint motions for writs of certiorari under Code § 8.01-675.4 to compel the circuit-court clerk to forward the missing portions.”
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