What if You Miss the Deadline?
If you miss the deadline to file an appeal, you need to apply to the court for an extension. A panel of three judges may grant a 30-day extension if there is sufficient cause for missing the deadline.
It is recommended that you secure your right to appeal by filing such appeal within the deadline. While it is not impossible to obtain an extension, you shouldn’t expect that your application for an extension will automatically be granted.
Missing the deadline to file an appeal and needing to apply for an extension can quickly get out of hand. Consult a Virginia appellate lawyer today to help you with this process.
Steps to Filing a Notice of Appeal for Virginia Criminal Cases
If you’re appealing a court decision, you will need to lodge a Notice of Appeal and then file an appeal bond. There is a filing fee required for the Notice of Appeal; it is typically $50 or more. Then, the amount required for bond will depend on the court and your individual case.
After filing the Notice of Appeal, various other items need to be filed with the court including a transcript or Written Statement of Fact, a copy of the trial record, and a Petition of Appeal.
These are the bare minimum steps, and depending on the complexity of your case, additional items may be required. It is also important to note that there are deadlines for when each item must be filed. Working with an attorney can help you stay on top of the deadlines and make sure all of the proper documentation is provided to the court.
If you have concerns about whether you should file for an appeal or need help understanding the cost and requirements of an appeal, contact attorney Jay P. Mykytiuk of Scrofano Law PC today to receive immediate help.
Civil case appeals from the judgments of the Court must be noted in writing within ten calendar days and must be perfected within thirty calendar days from the date of the judgment by posting the bond [includes bond amount plus court costs plus attorney fees], paying the writ tax and circuit court notice fee, and signing the Civil Appeal Bond [form DC-460]. In unlawful
detainer actions, the bond, writ tax, and notice fee must be posted and the appeal perfected within ten calendar days [see Code of Virginia, §16.1-107 for exceptions on foreclosures and other information regarding appeals]. [Note: Begin counting day one of the appeal period on the day after judgment. If the tenth or thirtieth day falls on a day when Court is closed, such as a holiday or weekend, then the appeal period extends to the next day Court is open.] Notice and perfection of appeals shall
be filed with the Civil Clerk's Office during business hours, Monday through Friday. Either the plaintiff or the defendant has the right to appeal to the Circuit Court any decision where the amount in controversy exceeds $50, or is for possession on an unlawful detainer action. An appeal may be noted by a party or by the attorney for such party [see Virginia Supreme Court Rule 7A:13 for exceptions]. The DC-475, Notice of Appeal form, is available at the Clerk’s Office for noting an
appeal. The denial of a motion to rehear may not be appealed. The amount of the bond is:
- For Warrant in Debt cases: Judgment Amount + Court Costs + Attorney's Fees
- For Residential Unlawful Detainer cases: Outstanding rent + Late Charges + Attorney's Fees + Damages + Other charges as amended by the court.
- For Non-Residential Unlawful Detainer cases: A judge will determine the amount of bond, if any, needed to file an appeal.
Before filing an appeal, the party must check with the Civil Clerk’s Office as to the amount of the bond and other fees. In all civil cases except those for trespass, ejectment, or any action involving the recovery of rent [unlawful detainer], no indigent person shall be required to post an appeal bond. Qualification for indigent status is determined by a judge at the time of appeal.
Payment of the bond must be paid by one of the following methods, unless otherwise waived by the General District Court:
- Cash
- Certified or cashier's check made payable to General District Court**
- Money order made payable to General District Court**
- Cashier's check made payable to Fairfax Circuit Court
- Check from attorney's escrow/trust account with bar number listed made payable to Fairfax Circuit Court.
- Wire Transfer to Fairfax County General District Court - see clerk for specific account and routing information.
- Surety Bond [requires the surety bondsman in attendance at the time of the appeal for their signature and oath]. They must also produce a photocopy of their power of attorney.
**If payment is made with a certified check, cashier's check, or money order the case will be held for 20 days after payment is made before it is transmitted to Circuit Court.
Payment of the writ tax and notice fee must be paid by one of the following methods, unless otherwise waived by the Circuit Court:
- Cash
- Personal or company check made payable to General District Court**
- Certified or cashier's check made payable to General District Court**
- Money order made payable to General District Court**
- Cashier's check made payable to Fairfax Circuit Court
- Check from attorney's escrow/trust account with bar number listed made payable to Fairfax Circuit Court
- Wire Transfer to Fairfax County General District Court - see clerk for specific account and routing information.
**If payment is made with a certified check, cashier's check, or money order the case will be held for 20 days after payment is made before it is transmitted to Circuit Court.
Bond amount in UD Cases = Amount of outstanding rent + late charges + damages + court costs + attorney fees + any other charges as noted
Bond amount in all other cases = Judgment amount + court costs + attorney fees
Some appeals must be perfected in person at the Civil Clerk’s Office as noted above. If no bond is required or the bond does not require a bondsman, the DC-475 appeal form may be downloaded from the Supreme Court [www.vacourts.gov] and submitted by mail along with acceptable payment method for the required notice fee, writ tax, and any bond. Timely delivery of the mail is at the sender’s risk.
An appeal may be withdrawn in the General District Court or in the Circuit Court. If the appeal has not been perfected, the appeal may be withdrawn by filing written notice in the General District Court with copies to all parties or their counsel. When an appeal is withdrawn in the General District Court, the original disposition stands. After the appeal is perfected, the appealing party may request that the appeal be withdrawn by filing notice in the Circuit Court with copies to all parties or their counsel. If the withdrawal is approved, the Circuit Court will enter an order reaffirming the judgment entered in the General District Court [see Code of Virginia, §16.1-106.1]. The case remains in the Circuit Court.