2.6 Introduction

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

2.6 INTRODUCTION

Appellate practice in Virginia challenges every skill of the advocate. Counsel fortunate enough to have handled the case at trial can preserve all errors and arguments. More appeals fail to reach the merits because of failure to preserve error or arguments than for any other reason. Thus, counsel must not only know the rules of evidence but also the procedural rules at both the trial and appellate levels. Counsel's skills as a technician, in both the trial and on appeal, play a major role in the success of an appeal.

Counsel must also manage appellate deadlines. Filing a timely notice of appeal starts a process in which, without careful attention, later deadlines could be missed. For instance, failure to file a transcript of the proceedings may be fatal to the appeal. If, upon filing the...