Legal Question in Civil Litigation in Virginia

judges ruling

I was recently in a civil court where a judge ruled and I found were this ruling was incorrect according to the by laws of a corporation. How do I address the situation? Is it an appeal or can I contact the judge personally with a written letter?


Asked on 2/27/09, 1:59 am

2 Answers from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: judges ruling

You should hire an attorney to help you.

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Answered on 2/27/09, 5:54 am
Jonathon Moseley Moseley & Associates Law Firm

Re: judges ruling

Cary is right, but if you were in General District Court you have only 10 days to appeal to the Circuit Court. So if it was in G.D.C., you should run -- don't walk -- to the Clerk of the Court if you are within 10 days. Don't count the day you were in court. DO count weekends and holidays. But if the 10th day falls on the weekend, you have until the close of business on the next Monday. The Clerk can give you a form that you will fill out. Bad news is you may have to file a rather large bond. (But you have another 20 days to do that.)

If it is Circuit Court you have only 21 days to file a Notice of Appeal. You have to write that yourself. And, unfortunately, if you do it yourself you will probably do it wrong. But if you are running out of time it is better to do it than miss the deadline. I could help you only on that if you have a few days left.

If you have time (within 10 days in GDC within 21 days in Circuit Court), you can file a Motion to Reconsider. But you have to get the motion HEARD within those times, or get the Court to suspend the judgment to avoid time running out. (Call the judge's law clerk to inform them that you are asking for more time.)

AND THEN you probably need an attorney.

If you are appealing from Circuit Court to the Supreme Court, there is no way you can do that yourself. Most attorneys do not know how to do that. It is very, very hard.

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Answered on 2/27/09, 5:36 pm


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