Legal Question in Appeals and Writs in Virginia

Re: Civil Suit Appeals

The answer is almost certainly no. I assume this is VA state court. From General District Court, appeals are to the Circuit Court, and the case is retried all over again. A Notice of Appeal has to be filed within 10 days of the judgment, and the appeal has to be "perfected" by paying a filing fee and a bond in the amount of the judgment (if the appeal is by the defendant) within 30 days. If either of those deadlines is missed, the judgment is final, and no further appeal can be taken. If the 10-day deadline is missed, the G.D. Court can still consider a motion for a new trial or to alter or amend the judgment within 30 days, but the underlying judgment is not appealable unless the court does in fact modify it.

From Circuit Court to the Supreme Court, a notice of appeal with a filing fee has to be filed with the circuit court within 30 days of the judgment, and a petition for appeal has to be filed with the Va. Supreme Court within 3 months of the judgment. If either of these deadlines is missed, the judgment is final and unappealable. The circuit court has only 21 days to grant new trials or vacate, alter or amend judgments, so that is not an option if the appeal is not timely.