Rule 5A:6. Notice of Appeal

(a) Filing Deadline; Where to File. — Except as otherwise provided by statute, no appeal will 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 the clerk of the trial court a notice of appeal, and at the same time transmits, mails, or delivers a copy of such notice to all opposing counsel. A notice of appeal filed after the trial court announces a decision or ruling—but before the entry of such judgment or order—is treated as filed on the date of and after the entry. A party filing a notice of an appeal of right to this Court must simultaneously file in the trial court an appeal bond if required by Code § 8.01-676.1.

(a1) Appeals from the Circuit Court. — Pursuant to Rule 1:1B, if a circuit court vacates a final judgment, a notice of appeal filed prior to the vacatur order is moot and of no effect. A new notice of appeal challenging the entry of any subsequent final judgment must be timely filed. No new notice of appeal is required, however, for a prior final judgment that was merely suspended or modified, but not vacated.

(a2) Appeal of Certified Questions or Multiple Claimant Litigation Act Orders. — A notice of appeal is not required for a petition for appeal of a certified question under Code § 8.01-675.5(A) or an interlocutory appeal under Code § 8.01-267.8 of the Multiple Claimant Litigation Act.

(b) Content. — The notice of appeal must contain a statement whether any transcript or statement of facts, testimony, and other incidents of the case will be filed.

(c) Filing Fee. — A copy of the notice of appeal must be filed in the office of the clerk of this Court and, except as otherwise provided by law, must be accompanied by the $50 filing fee required by statute. The fee is due at the time the notice of appeal is presented. The clerk of this Court will file any notice of appeal that is not accompanied by such fee if the fee is received by the clerk within 10 days of the date the notice of appeal is filed. If the fee is not received within such time, the appeal will be dismissed.

(d) Certificate. — The appellant must include with the notice of appeal a certificate stating:

(1) the names and addresses of all appellants and appellees, the name, Virginia State Bar number, mailing address, telephone number (including any applicable extension), facsimile number (if any), and e-mail address (if any) of counsel for each party; and the mailing address, telephone number, facsimile number (if any), and e-mail address (if any) of any party not represented by counsel; and

(2) that a copy of the notice of appeal has been transmitted, mailed, or delivered to all opposing counsel; and

(3) in a criminal case a statement whether counsel for defendant has been appointed or privately retained; and

(4) that in the event a transcript is to be filed a copy of the transcript has been ordered from the court reporter who reported the case or is otherwise already in the possession of appellant, or was previously filed in the proceedings.

(e) Separate Cases . — Whenever two or more cases were tried together in the trial court, one notice of appeal and one record may be used to bring all of such cases before this Court even though such cases were not consolidated by formal order.

(f) Special Provision for Cases Involving a Guardian Ad Litem. — No appeal will be dismissed because the notice of appeal fails to identify a guardian ad litem or to provide notice to a guardian ad litem. Upon motion for good cause shown or by sua sponte order of this Court, the notice of appeal may be amended to identify the guardian ad litem and to provide notice to such guardian.

(g) Notice of Appearance by the Commonwealth in Criminal Cases . — Within 10 days of the filing of the trial court record in a criminal case in the Court of Appeals, the Attorney General, or the attorney for the Commonwealth who prosecuted the underlying criminal case, acting 2 pursuant to Code § 2.2-511 and with the consent of the Attorney General, must file a notice of appearance identifying the attorney(s) representing the Commonwealth in the appeal. The notice of appearance must identify the name, Virginia State Bar number, mailing address, telephone number (including any applicable extension), facsimile number (if any), and e-mail address (if any) of counsel who is to represent the Commonwealth in the appeal. If the notice is being filed by the attorney for the Commonwealth who prosecuted the underlying criminal case, it must include a certification that the Attorney General has consented to the representation. A copy of the notice of appearance must be served on counsel for the appellant. Form NOTICE OF APPEAL FROM TRIAL COURT (Rule 5A:6) VIRGINIA: IN THE CIRCUIT COURT OF ________________________________ (The style of the case in the Circuit Court.) NOTICE OF APPEAL ,_____________ ______ (name(s) of party(ies)) (plaintiff, defendant or other designation in trial court) ______________________________________ hereby appeals to the Court of Appeals of Virginia from the _________________________________________________________ (final judgment or other appealable order or decree) of this Court entered on ______________.

(date) [If applicable] This is a termination of parental rights case (Va. Code §16.1-283, §16.1-277.01, §16.1-277.02 or §16.1-278.3). A transcript will be filed. A statement of facts, testimony, and other incidents of the case will be filed. [In criminal cases only:] Appellant requests the clerk of the circuit court to cause a transcript to be prepared of the following circuit court proceedings: _______________________________________ _______________________________________ _______________________________________. CERTIFICATE The undersigned certifies as follows:

(1) The name(s) and address(es) of appellant(s) are: [If applicable] Appellant(s), is (are) not represented by counsel. The telephone number(s), facsimile number (if any) and e-mail address (if any) of appellant(s) are:

(2) The name(s), Virginia State Bar numbers(s), address(es), telephone number(s), facsimile number (if any), and email address(es) (if any) of counsel for appellant(s) are:

(3) The name(s) and address(es) of appellee(s) are: [If applicable] Appellee(s), is (are) not represented by counsel. The telephone number(s) facsimile number (if any) and e-mail address (if any) of appellee(s) (are):

(4) The name(s), Virginia State Bar numbers(s), address(es), and telephone number(s), facsimile number (if any), and email address(es) (if any) of counsel for appellee(s) are:

(5) [If applicable] The name(s), address(es), and telephone number(s) of the guardian ad litem for the child(ren) is (are):

(6) [If applicable] Counsel for appellant, or appellant if not represented by counsel, has ordered from the court reporter who reported the case the transcript for filing as required by Rule 5A:8(a).

(7) [If applicable] ____________________________, ____________________________ (name of party)

(appellant) __________________, is not represented by counsel. ____________________________

(appellee) (his) (her) address and telephone number are:

(8) [In criminal and termination of parental rights cases only] Counsel for defendant has been ________________________________________.

(appointed) (privately retained)

(9) A copy of this Notice of Appeal has been mailed, emailed, or delivered to all opposing counsel [and/or to unrepresented parties, to the guardian ad litem, if applicable] and to the Clerk of the Court of Appeals this ______ day of _________, 20. ____________________________________________ (Signature of counsel or unrepresented party)

Committee Notes

Promulgated by Order dated Friday, April 30, 2010; effective July 1, 2010. Last amended by Order dated June 18, 2025; effective July 1, 2025.