Rule 5A:10A. Digital Appellate Record: Preparation and Transmission

(a) Preparation . A Digital Appellate Record may be created instead of a paper record, with substantially the same content as its paper counterpart. The clerk of the tribunal in which the proceeding originated is responsible for preparing the digital record, if the clerk chooses to transmit a digital record in place of the paper version.

(b) Form of Record . The digital record must comply with the Digital Appellate Record Standards posted on the Supreme Court of Virginia website.

(c) Exhibits. Original exhibits should be scanned or imaged and retained by the clerk of the tribunal. The omission of any exhibit that cannot be scanned or imaged must be noted in a descriptive list of exhibits. On motion or sua sponte, this Court may order the tribunal to transmit any retained exhibit.

(d) Transmission . The clerk of the tribunal must transmit the record to the clerk of this Court in the manner prescribed by the Digital Appellate Record Standards, using the Digital Records System created for this purpose. The same timing and dismissal rules apply to transmissions of digital records as apply to their paper counterparts in Rule 5A:10 and 5A:11.

(e) Disposition of Record . When the mandate is issued by this Court, the clerk of this Court must return all tangible items, if any, to the clerk of the tribunal in which the proceeding originated. The digital record will not be returned. If necessary, the record must be re-sent by that clerk upon the request of the clerk of this Court.

(f) Public Record. The publicly available digital record is the digital document prepared by the tribunal clerk with all information that is sealed or protected from public disclosure by law redacted or excluded.

Committee Notes

Promulgated by Order dated April 10, 2015; effective July 1, 2015. Last amended by Order dated November 23, 2020; effective March 1, 2021. COMPENSATION COMMISSION