Rule 5A:38. Appeal of Orders Relating to Quarantine or Isolation of Persons

(a) Quarantine Related Code Provisions .—In proceedings involving circuit court orders of quarantine of a person or persons pursuant to Article 3.02 of Chapter 2 of Title 32.1 of the Code of Virginia, the provisions of Code § 32.1-48.010 apply with respect to appealability of such orders, the effect of an appeal upon any order of quarantine, availability of expedited review, stay of quarantine orders, and representation by counsel.

(b) Isolation Order Code Provisions .—In proceedings involving circuit court orders of isolation of a person or persons pursuant to Article 3.02 of Chapter 2 of Title 32.1 of the Code of Virginia, the provisions of Code § 32.1-48.013 apply with respect to appealability of such orders, the effect of an appeal upon any order of isolation, availability of expedited review, stay of isolation orders, and representation by counsel.

(c) Transmission of Record . —In all appeals under this rule, the clerk of the court from which an appeal is taken must transmit the record to the clerk of this Court immediately upon the filing of the notice of appeal.

(d) Expedited Procedures .—Unless otherwise ordered by the Court, after the filing of the opening brief under this Rule, 48 hours should be allowed for the filing of the brief of the appellee. The Court will issue an order within 24 hours of the argument or of its review of the case without oral argument. The Court has the authority to alter these time frames in any case.

(e) Oral Argument. —The Court will hold any oral argument in appeals under this rule in a manner so as to protect the health and safety of individuals subject to any such order or quarantine or isolation, court personnel, counsel, and the general public. To this end, the Court may take measures including, but not limited to, ordering any oral argument to be held by telephone or video conference or ordering those present to take appropriate precautions, including wearing personal protective equipment.

Committee Notes

Promulgated by Order dated April 10, 2015; effective July 1, 2015. Last amended by Order dated November 1, 2021; effective January 1, 2022. APPENDIX OF FORMS. Notes: 1. Each of the Part Five A Forms 1 through 7 should be used in conjunction with the Form for Execution and Acknowledgment of All Bonds, set forth as Form 8. 2. As provided in Code §§ 1-205 and 8.01-676.1(S), if the party required to post an appeal or suspending bond tenders such bond together with cash in the full amount required, no surety is required. Adopted by Order dated February 15, 2017; effective May 1, 2017. Last amended by Order dated November 23, 2020; effective March 1, 2021. APPENDIX OF FORMS Form 1. Bond for Costs Alone — Appeal of Right From Circuit Court to Court of Appeals (including further appeal to the Supreme Court). (Circuit Court case caption) Plaintiff/Petitioner ) v. ) No. _________ Defendant/Respondent ) The Appellant(s), _______________, having appealed from a judgment of this Court rendered on _______, 2, we _______________, as principal and _______________, as surety, bind ourselves, our heirs, successors, personal representatives and assigns, jointly and severally, to Appellee(s), _______________, in the sum of $ , to satisfy all damages, costs, and fees that may be awarded against (him) (her) (them) (it) in the Court of Appeals and in the Supreme Court, if it takes cognizance of the claim. Adopted by Order dated February 15, 2017; effective May 1, 2017. APPENDIX OF FORMS Form 2. Bond for Costs and Suspension — Appeal From Circuit Court to Appellate Court. (Circuit Court case caption) Plaintiff/Petitioner ) v. ) No. _________ Defendant/Respondent ) The Appellant(s), _______________, (intending to appeal) (having appealed from) a judgment of this Court rendered on _______, 2, we _______________, as principal and _______________, as surety, bind ourselves, our heirs, successors, personal representatives and assigns, jointly and severally, to Appellee(s), _______________, in the sum of $ , to perform and satisfy the judgment, or such portion of the judgment as may be affirmed in whole or in part, or if the appeal is dismissed, refused, or not timely prosecuted, and to pay all damages, costs, and fees that may be awarded against (him) (her) (them) (it) in the (Court of Appeals and in the Supreme Court, if it takes cognizance of the claim) (Supreme Court). Adopted by Order dated February 15, 2017; effective May 1, 2017. APPENDIX OF FORMS Form 3. Bond for Costs Alone Required by Appellate Court on Appeal From Circuit Court. (Circuit Court case caption) Plaintiff/Petitioner ) v. ) No. _________ Defendant/Respondent ) The Appellant(s), _______________, appealed from a judgment of this Court rendered on _______, 2, and the (Supreme Court of Virginia) (Court of Appeals of Virginia), on __________, 2, awarded an appeal from the judgment on the condition that Appellant(s), or someone on Appellant's/Appellants' behalf, file an appeal bond with sufficient security in the clerk's office of this Court in the penalty of within fifteen (15) days of the date of the certificate of appeal, with condition as the law directs. Accordingly, we , as principal and , as surety, bind ourselves, our heirs, successors, personal representatives and assigns, jointly and severally, to Appellee(s), , in the sum of $ , to pay all damages, costs, and fees that may be awarded against (him) (her) (them) (it) in the (Court of Appeals and Supreme Court, if it takes cognizance of the claim) (Supreme Court). Adopted by Order dated February 15, 2017; effective May 1, 2017. APPENDIX OF FORMS Form 4. Bond for Suspension Alone Required by Appellate Court on Appeal From Circuit Court. (Circuit Court case caption) Plaintiff/Petitioner ) v. ) No. _________ Defendant/Respondent ) The Appellant(s), _______________, appealed from a judgment of this Court rendered on _______, 2, and (the Supreme Court of Virginia) (Court of Appeals of Virginia), on __________, 2, suspended execution of the judgment on the condition that _______________, or someone on (his) (her) (their) (its) behalf, file an appeal bond with sufficient security in the clerk's office of this Circuit Court, in the penalty of $ within fifteen (15) days of the date of the certificate of appeal, with condition as the law directs. Accordingly, we , as principal and , as surety, bind ourselves, our heirs, successors, personal representatives and assigns, jointly and severally, to Appellee(s), , in the sum of $ , to perform and satisfy the judgment or such portion of the judgment as may be affirmed in whole or in part, and to pay all actual damages incurred in consequence of the suspension. Adopted by Order dated February 15, 2017; effective May 1, 2017. APPENDIX OF FORMS Form 5. Bond for Costs and Suspension Required by Appellate Court on Appeal From Circuit Court. (Circuit Court case caption) Plaintiff/Petitioner ) v. ) No. _________ Defendant/Respondent ) The Appellant(s), _______________, appealed from a judgment of this Court rendered on _______, 2, and (the Supreme Court of Virginia) (Court of Appeals of Virginia), on __________, 2, awarded an appeal (and suspension) from the judgment on the condition that Appellant(s), or someone on Appellant's/Appellants' behalf, file a bond with sufficient security in the clerk's office of this Court in the penalty of $ , within fifteen (15) days of the date of the certificate of appeal, with condition as the law directs. Accordingly, we , as principal and , as surety, bind ourselves, our heirs, successors, personal representatives and assigns, jointly and severally, to Appellee(s), , in the sum of $ , to pay all damages, costs, and fees that may be awarded against (him) (her) (them) (it) in the (Court of Appeals and Supreme Court, if it takes cognizance of the claim) (Supreme Court), and all actual damages incurred in consequence of the suspension. Adopted by Order dated February 15, 2017; effective May 1, 2017. APPENDIX OF FORMS Form 6. Additional Bond Required by Appellate Court on Appeal From Circuit Court. (Circuit Court case caption) Plaintiff/Petitioner ) v. ) No. _________ Defendant/Respondent ) The Appellant(s), _______________, appealed from a judgment of this Court rendered on _______, 2, and (the Supreme Court of Virginia) (Court of Appeals of Virginia), on __________, 2, required an additional bond to be filed in the clerk's office of this Court in the penalty of $ , and with the following additional requirements: , within fifteen (15) days of the date of that order, with condition as the law directs. Accordingly, we , as principal and , as surety, bind ourselves, our heirs, successors, personal representatives and assigns, jointly and severally, to Appellee(s), , in the sum of $ , to perform and satisfy the judgment or such portion of the judgment as may be affirmed in whole or in part, and to pay all actual damages incurred in consequence of the suspension. Adopted by Order dated February 15, 2017; effective May 1, 2017. APPENDIX OF FORMS Form 7. Bond for Costs Alone — Appeal of Right From Virginia Workers' Compensation Commission to Court of Appeals (including further appeal to the Supreme Court). (Virginia Workers' Compensation Commission caption) Petitioner ) v. ) No. _________ Respondent ) The Appellant, _______________, (intending to appeal) (having appealed from) an award of the Virginia Workers' Compensation Commission rendered on _______, 2, we , as principal and , as surety, bind ourselves, our heirs, successors, personal representatives and assigns, jointly and severally, to Appellee(s), _______________, in the sum of $ , to pay all damages, costs, and fees that may be awarded against (him) (her) (them) (it) in the Court of Appeals and Supreme Court, if it takes cognizance of the claim. Adopted by Order dated February 15, 2017; effective May 1, 2017. APPENDIX OF FORMS Form 8. Form for Execution and Acknowledgment of All Bonds. _____________________, as principal, and _______________________, as surety, hereby execute this instrument with our signatures and our seals. Executed on: ______________ _____________________________ Principal _____________________________ Address (SEAL) Commonwealth of Virginia City/County of The foregoing instrument was acknowledged before me on ________, 2, by . Notary Public My commission expires: Adopted by Order dated February 15, 2017; effective May 1, 2017. APPENDIX OF FORMS Form 9. Irrevocable Letters of Credit. (Name and Address of Bank) , 20 U.S. $ On all communications please refer to (No. of Letter of Credit) (Name and address of appellee(s)) Dear ______________: We hereby establish our Irrevocable Letter of Credit No. ____________ in your favor, for the account of (name and address of appellant(s)), and hereby undertake to honor your draft at sight on us, not exceeding in the aggregate U.S. $ (amount in words) .

A draft drawn under this letter of credit must be marked "Drawn under (Name of Bank) Letter of Credit No. ________________ dated __________, 20." Funds under this letter of credit will be available to you in a single drawing by presentation of your sight draft drawn on us, accompanied by: (For Costs Alone) 1. The original of this letter of credit. 2. Your verified statement that (appellant(s) (has)(have) failed to pay all damages, costs and fees assessed against (him)(her)(them)(it) in the Court of Appeals of Virginia (and in the Supreme Court of Virginia, if it takes cognizance of the claim), in the case of __________________________________ 3.

A certified copy of an order or itemized statement of costs from the Court of Appeals (or the Supreme Court, if it takes cognizance of the claim) assessing such damages, costs and fees against (appellant(s) . (For Suspension Alone) 1. The original of this letter of credit. 2. Your verified statement that (appellant(s) (has)(have) failed to perform and satisfy the judgment rendered against (him)(her)(them)(it) on ________________________ by the Circuit Court of ________________________ in the case of ______________________________, and (has)(have) failed to pay all actual damages incurred in consequence of the suspension of judgment. 3.

A copy of the trial court judgment order, attested by its clerk. 4.

A copy of an order of the Court of Appeals of Virginia (or the Supreme Court of Virginia, if it takes cognizance of the claim), attested by its clerk, affirming the judgment or refusing, dismissing or allowing withdrawal of the appeal of the judgment, or certification by the clerk that the appeal of the judgment was not prosecuted timely. 5.

A copy of an order, if any, of the Court of Appeals (or the Supreme Court, if it takes cognizance of the claim) or trial court, attested by the clerk, assessing actual damages in consequence of the suspension of judgment. (For Costs and Suspension) 1. The original of this letter of credit. 2. Your verified statement that (appellant(s) (has)(have) failed to perform and satisfy the judgment rendered against (him)(her)(them)(it) on ________________________ by the Circuit Court of ________________________ in the case of ______________________________, and (has)(have) failed to pay all damages, costs and fees assessed against (him)(her)(them)(it) in the Court of Appeals of Virginia (or the Supreme Court of Virginia, if it takes cognizance of the claim), and all actual damages incurred in consequence of the suspension of judgment. 3.

A copy of the trial court judgment order, attested by its clerk. 4.

A copy of an order of the Court of Appeals (or the Supreme Court, if it takes cognizance of the claim), attested by its clerk, affirming the judgment or refusing, dismissing or allowing withdrawal of the appeal of the judgment, or certification by the clerk of the Court of Appeals that the appeal of the judgment was not prosecuted timely. 5.

A copy of an order, if any, of the Court of Appeals (or the Supreme Court, if it takes cognizance of the claim), attested by its clerk, assessing damages, costs and fees against (appellant(s)) . 6.

A copy of an order, if any, of the Court of Appeals (or the Supreme Court, if it takes cognizance of the claim) or trial court, attested by the clerk, assessing actual damages in consequence of the suspension of judgment. This letter of credit is valid until ____ p.m. local time ____, 20, and a draft drawn hereunder, if accompanied by documents as specified above, will be honored if presented to (Presentation Address of Bank) on or before that date. However, this letter of credit automatically will be renewed for successive one (1) year periods from the initial expiration date or any renewal period expiration date hereunder, unless at least sixty (60) days prior to any such expiration date (Name of Bank) notifies you that it has elected not to renew this letter of credit for such additional one (1) year period. The notice required hereunder will be deemed to have been given when received by you. In the event that (Name of Bank) elects not to renew this letter of credit as required above, the full amount of this letter of credit is payable to the Clerk of the Circuit Court of ______________ upon presentation of your verified statement that: 1.

A final order of the Court of Appeals of Virginia (or the Supreme Court, if it takes cognizance of the claim), has not been entered in the case of ________________________________________ (or, where there has been suspension of judgment, a final order has not been entered by the Court of Appeals, Supreme Court, or trial court assessing actual damages in consequence of the suspension). 2. Thirty (30) days have elapsed since notice of non-renewal was given and appellant(s) (has)(have) not filed acceptable substitute security. In the event of non-renewal, within fifteen (15) days after payment to the clerk under the previous paragraph, the appellant(s) or someone for (him)(her)(them)(it) must file with the clerk of the trial court an appeal bond in substantial conformance with the Virginia. The bond must be in the penalty of the amount paid to the clerk under this letter of credit, and the funds are in lieu of surety, but in no event will we have any liability or responsibility for failure of the appellant(s) (or someone acting on (appellant's) (appellants') behalf) to file such bond. Partial drawings are not permitted under this letter of credit. Except as otherwise expressly stated above, this letter of credit is subject to the International Standby Practices 1998 (ISP98) (International Chamber of Commerce Publication No. 590) and, to the extent consistent with ISP98 and the express provisions above, the provisions of Title 8.5A of the Code of Virginia governing letters of credit. Very truly yours, Bank By_ Authorized Signature Last amended by Order dated November 1, 2021; effective January 1, 2022. APPENDIX OF FORMS Form 10. Petition for a Writ of Actual Innocence Based on Nonbiological Evidence. PETITION FOR A WRIT OF ACTUAL INNOCENCE BASED ON NONBIOLOGICAL EVIDENCE ____________________________________ Record No. _________________________ ( FULL NAME OF PETITIONER AND (TO BE SUPPLIED BY THE CLERK PRISONER NO., IF APPLICABLE) v. Commonwealth of Virginia (RESPONDENT) _______________________________________________________________________ (PETITIONER'S ADDRESS) _______________________________________________________________________ __________________________________________________________________________ Pursuant to the provisions of Chapter 19.3 of Title 19.2 of the Code of Virginia, I, _________________________________________________________________ NAME OF PETITIONER hereby petition this Court for a W RIT OF A CTUAL I NNOCENCE B ASED ON N ONBIOLOGICAL E VIDENCE . In support of this petition, I state under oath that the following information is true: 1. On ____________________________ , I was convicted or adjudicated delinquent in the __________________________________ Circuit Court of the following offense(s): JURISDICTION (CITY/COUNTY) Description of Virginia Code Circuit Court Plea Felony Offense Case No. _____________ _____________ _____________ ____________ _____________ _____________ _____________ ____________ _____________ _____________ _____________ ____________ _____________ _____________ _____________ ____________ _____________ _____________ _____________ ____________ _____________ _____________ _____________ ____________ 2. I am innocent of the offenses(s) that are the subject of this petition. 3. My claim of innocence is based upon the following evidence: _______________________________________________________________________ ________________________________________________________________________ [ ] ATTACHED ADDITIONAL SHEET(S) 4. Check all that apply: [ ] (a) This evidence was previously unknown or unavailable to either me or my attorney at the time the conviction(s) or adjudication(s) of delinquency became final in the circuit court; and/or [ ] (b) This evidence was not subject to scientific testing because _____________________ ___________________________________________________________________________ 5. This evidence became known or available to me on ________________________. DATE 6. The circumstances under which the evidence was discovered were ______________________________________________________________________ ______________________________________________________________________ [ ] ATTACHED ADDITIONAL SHEET(S) 7. Check all that apply: [ ] (a) This evidence could not have been discovered or obtained by the exercise of diligence before the expiration of 21 days following entry of the final order(s) of conviction or adjudication of delinquency by the court; and/or [ ] (b) The testing procedure was not available at the time of the conviction(s) or adjudication(s) of delinquency became final in the circuit court. 8. The evidence upon which I base my claim is material and, when considered with all of the other evidence in the record, will prove that no rational trier of fact would have found me to be guilty or delinquent beyond a reasonable doubt of the charge(s) described above because ___________________________________________________________________________ _____________________________________________________________________ [ ] ATTACHED ADDITIONAL SHEET(S) 9. In support of this petition, I have attached the following documents: ___________________________________________________________________________ _____________________________________________________________________ [ ] ATTACHED ADDITIONAL SHEET(S) 10. I understand that this petition must contain all relevant allegations of facts that are known to me at this time. 11. I understand that it must include all previous records, applications, petitions, and appeals and their dispositions related to this/these conviction(s) or adjudication(s) of delinquency, as well as a copy of any documents or evidence in support of the facts that I assert above. 12. I understand that if this petition is not complete, this Court may dismiss the petition or return the petition to me pending the completion of such form. 13. I understand that I am responsible for all statements contained in this petition. 14. I understand that any knowingly or willfully made false statement is grounds for prosecution and conviction of perjury as provided for in Virginia Code § 18.2-434. 15. Counsel. Check the appropriate box. [ ] I am being represented by an attorney on the filing of this petition. My attorney's name and address are ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ [ ] I am not being represented by an attorney on the filing of this petition. 16. Exemption from filing fee. Check box below if claiming in forma pauperis status and seeking to file this petition without payment of fees. [ ] I claim in forma pauperis status and I request that this Court accept this petition without the payment of filing fees.

I affirm under oath that I am eligible for in forma pauperis status. My assets amount to $____________ (which sum includes my institutional inmate account which has a balance of $), and my liabilities amount to $. 17. Request for counsel. Check box below if claiming eligibility for court-appointed counsel and requesting appointment of counsel. [ ] I am requesting that the Court appoint counsel to represent me in this action.

I affirm under oath that I am unable to pay for an attorney to represent me in this action, as set forth in item No.

16 above. Based on the above, I petition this Court pursuant to the provisions of Chapter 19.3 of Title 19.2 of the Code of Virginia for a Writ of Actual Innocence Based on Nonbiological Evidence. ____________________________________ ___________________________________ DATE SIGNATURE OF PETITIONER Commonwealth/State of ________________________________________ [ ] City [ ] County of __________________________________ Subscribed and sworn to/affirmed before me on this date by the above-named person. ______________________ _________________________________________________ DATE NOTARY PUBLIC My commission expires: _______________ ______________________ _________________________________________________ DATE SIGNATURE OF ATTORNEY (IF APPLICABLE) _____________________________ VIRGINIA STATE BAR NUMBER Pro se (self-represented) petitioners: You are required to send copies of the P ETITION FOR A W RIT OF A CTUAL I NNOCENCE B ASED ON N ONBIOLOGICAL E VIDENCE and all attachments to the Commonwealth's Attorney of the jurisdiction where the conviction(s) or adjudication(s) of delinquency occurred and to the Attorney General of Virginia by certified mail. You must complete the form entitled Court of Appeals Form CAV-104, C ERTIFICATE OF M AILING - P ETITION FOR A W RIT OF A CTUAL I NNOCENCE B ASED ON N ONBIOLOGICAL E VIDENCE . Petitioners represented by counsel: You are required to serve copies of the P ETITION FOR A W RIT OF A CTUAL I NNOCENCE B ASED ON N ONBIOLOGICAL E VIDENCE and all attachments on the Commonwealth's Attorney of the jurisdiction where the conviction(s) or adjudication(s) of delinquency occurred and on the Attorney General of Virginia. You must include the forms entitled Court of Appeals Form CAV-103CA, A CCEPTANCE OF S ERVICE OR R ETURN OF S ERVICE BY THE C OMMONWEALTH ' S A TTORNEY - P ETITION FOR A W RIT OF A CTUAL I NNOCENCE B ASED ON N ONBIOLOGICAL E VIDENCE and Court of Appeals Form CAV-103AG, A CCEPTANCE OF S ERVICE OR R ETURN OF S ERVICE BY THE A TTORNEY G ENERAL - P ETITION FOR A W RIT OF A CTUAL I NNOCENCE B ASED ON N ONBIOLOGICAL E VIDENCE . Last amended by Order dated September 24, 2020; effective immediately. Last amended by Order dated June 21, 2024; effective August 20, 2024. INTEGRATION OF THE STATE BAR Section I. Unauthorized Practice Rules and Considerations Virginia State Bar's website. Rules pertaining to the unauthorized practice of law may be found at Unauthorized Practice Rules (vsb.org) . INTEGRATION OF THE STATE BAR Section II. Professional Conduct INTEGRATION OF THE STATE BAR Section III. Canons of Judicial Conduct for the State of Virginia Canons of Judicial Conduct for the State of Virginia INTEGRATION OF THE STATE BAR Section IV. Organization and Government Organization and Government (Paragraphs 1-23) (vsb.org) INTEGRATION OF THE STATE BAR Section V. Bylaws of the Council of the Virginia State Bar By order dated September 9, 1983, effective December 1, 1983, Part Six, § V of INTEGRATION OF THE STATE BAR Section VI. Virginia State Bar Bylaws By order dated September 9, 1983, effective December 1, 1983, Part Six, § VI of INTEGRATION OF THE STATE BAR Section VII. Acts of the General Assembly (The Bar Act of 1938 and Appendix) Historical note: Chapter 410 of the 1938 Acts of the General Assembly, as amended, was set out in former §§ 54-48 through 54-52.2:1 of the Code of Virginia (now Va. Code §§ 54.1-3909 through 54.1-3918).