CODE OF VIRGINIA

(EFFECTIVE UNTIL JANUARY 1, 2017) ALL PAPERS TRANSMITTED TO APPELLATE COURT;
FURTHER PROCEEDINGS (§ 16.1-112)

The judge or clerk of any court from which an appeal is taken under this article
shall promptly transmit to the clerk of the appellate court the original warrant
or warrants or other notices or pleadings with the judgment endorsed thereon,
together with all pleadings, exhibits and other papers filed in the trial of the
case, the required bond, and, if applicable, the money deposited to secure such
bond and the writ tax and costs paid pursuant to § 16.1-107, and the fees for
service of process of the notice of appeal in the circuit court. Upon receipt of
the foregoing by the clerk of the appellate court, the case shall then be
docketed.When such case has been docketed, the clerk of such appellate court
shall by writing to be served, as provided in §§ 8.01-288, 8.01-293, 8.01-296
and 8.01-325, or by certified mail, with certified delivery receipt requested,
notify the appellee, or by regular mail to his attorney, that such an appeal has
been docketed in his office; provided, that upon affidavit by the appellant or
his agent in conformity with § 8.01-316 being filed with the clerk, the clerk
shall post such notice at the front door of his courtroom and shall mail a copy
thereof to the appellee at his last known address or place of abode or to his
attorney; and he shall file a certificate of such posting and mailing with the
papers in the case. No such appeal shall be heard unless it appears that the
appellee or his attorney has had such notice, or that such certificate has been
filed, 10 days before the date fixed for trial, or has in person or by attorney
waived such notice.

HISTORY: 1956, c. 555; 1958, c. 211; 1972, c. 585; 1984, c. 108; 1988, c. 698;
2004, c. 366.