What is the appeals process?

The appeals process in Virginia civil procedure is a set of procedures by which parties who disagree with the outcome of a trial can appeal the decision to a higher court for review. Generally, a party can file an appeal if they believe the lower court’s decision was wrong or that the court did not follow the applicable laws. The appeals process in Virginia begins with a filing of a Notice of Appeal. The filing party must state the specific reasons they are appealing the lower court’s decision. They must also file a record of the proceedings and all evidence that was used in the trial. Next, both parties must submit their legal arguments to the court in a Brief. This brief is a written argument outlining why the appellant believes the lower court’s decision should be overturned. The court may also hold an oral argument, in which both parties present their case in front of the court. Finally, the court reviews the briefs, evidence, and arguments from both parties and makes a decision on the appeal. The appeals court may reverse the lower court’s decision, modify it, or affirm it. Once the appeals court makes its decision, it becomes the law of the case and can only be overturned by a higher court.

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