CHAPTER 1: THE VIRGINIA JUDICIAL SYSTEM: ORGANIZATION AND STRUCTURE
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| 1.1 | INTRODUCTION
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| 1.2 | SUPREME COURT OF VIRGINIA |
| 1.201 | In General |
| 1.202 | Original Jurisdiction |
| 1.203 | Appellate Jurisdiction
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| 1.3 | COURT OF APPEALS OF VIRGINIA |
| 1.301 | In General |
| 1.302 | En Banc Hearings |
| 1.303 | Original Jurisdiction |
| 1.304 | Appellate Jurisdiction
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| 1.4 | CIRCUIT COURTS |
| 1.401 | In General |
| 1.402 | Original Jurisdiction |
| 1.403 | Appellate Jurisdiction
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| 1.5 | DISTRICT COURTS |
| 1.501 | In General |
| 1.502 | General District Courts |
| 1.503 | Juvenile and Domestic Relations District Courts
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CHAPTER 2: APPEALS TO THE COURT OF APPEALS AND SUPREME COURT OF VIRGINIA
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| 2.1 | INTRODUCTION |
| 2.2 | PROTECTING THE RECORD IN THE TRIAL COURT AND ASSIGNING ERROR IN THE APPELLATE COURT |
| 2.201 | Objections in the Lower Court and Assignments of Error on Appeal |
| 2.202 | Trial Motions and Proffers of Evidence |
| 2.203 | Proffer of Excluded Evidence
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| 2.3 | PREREQUISITES TO APPEAL |
| 2.301 | Appellate Jurisdiction |
| 2.302 | Amount in Controversy |
| 2.303 | Final Judgment |
| 2.304 | Interlocutory Orders |
| 2.305 | Orders Sustaining Demurrers |
| 2.306 | Security for Appeal
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| 2.4 | MECHANICS OF THE APPEAL |
| 2.401 | Appeal to the Virginia Court of Appeals |
| 2.402 | Appeal to the Supreme Court of Virginia from the Court of Appeals |
| 2.403 | Appeal to the Supreme Court of Virginia from Circuit Court
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| 2.5 | CAPITAL SENTENCE APPEALS |
| 2.501 | Automatic Review by Supreme Court |
| 2.502 | Scope of Review
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| 2.6 | COMMONWEALTH'S PRETRIAL APPEAL |
| 2.601 | Pretrial Review by Court of Appeals |
| 2.602 | Limited Issues |
| 2.603 | Petitioning for Appeal |
| 2.604 | Procedure for Awarded Appeal
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| 2.7 | CONCLUSION
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| APPENDIX 2-1: SUMMARY OF STEPS IN APPEALS |
| APPENDIX 2-2: ILLUSTRATIVE ADDITIONAL CASES RELATED TO PRESERVING ISSUES FOR APPEAL |
| APPENDIX 2-3: ILLUSTRATIVE CASES RELATED TO CONSIDERATION OF ARGUMENTS NOT MADE TO THE TRIAL COURT |
APPENDIX 2-4: STANDARDS OF REVIEW ON APPEAL—SOME EXAMPLES
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CHAPTER 3: APPEALS TO THE UNITED STATES COURT OF APPEALS
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| 3.1 | INTRODUCTION |
| 3.101 | Scope of Chapter |
| 3.102 | Basic Practice Tips |
| 3.103 | Clerk's Office Generally |
| 3.104 | Rules of Court Generally |
| 3.105 | Filing and Service |
| 3.106 | Time Computation |
| 3.107 | Circuit Mediation Conferences
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| 3.2 | PROTECTING THE RECORD IN THE TRIAL COURT |
| 3.201 | Objections |
| 3.202 | Motion for Judgment as a Matter of Law |
| 3.203 | Post-Trial Motion for Judgment |
| 3.204 | Bench Conferences
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| 3.3 | PREREQUISITES TO APPEAL |
| 3.301 | Appeals by Right |
| 3.302 | Appeals by Permission
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| 3.4 | PERFECTING THE APPEAL |
| 3.401 | Appeals of Right |
| 3.402 | Appeals by Permission |
| 3.403 | Appeals of Interlocutory Orders |
| 3.404 | Bankruptcy Appeals |
| 3.405 | United States Tax Court Appeals |
| 3.406 | Stay or Injunction Pending Appeal |
| 3.407 | Release in Criminal Cases
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| 3.5 | THE RECORD ON APPEAL |
| 3.501 | Contents of Record |
| 3.502 | Statement of Issues and Statement of Evidence |
| 3.503 | Statement in Lieu of Record |
| 3.504 | Parties Differing on Record |
| 3.6 | TRANSMISSION OF THE RECORD |
| 3.601 | In General |
| 3.602 | Exceptions
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| 3.7 | DISCLOSURE STATEMENT
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| 3.8 | APPENDIX
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| 3.9 | BRIEFS |
| 3.901 | Number of Copies and Time for Filing in Civil Cases. |
| 3.902 | Time for Filing in Criminal Cases |
| 3.903 | Certificate of Service |
| 3.904 | Covers |
| 3.905 | Page and Word Limits |
| 3.906 | Citation of Supplemental Authority
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| 3.10 | WRITS OF MANDAMUS AND PROHIBITION |
| 3.1001 | In General |
| 3.1002 | Procedures
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| 3.11 | PROCEEDINGS IN FORMA PAUPERIS
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| 3.12 | ORAL ARGUMENT
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| 3.13 | MOTIONS
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| 3.14 | FORMS
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| 3.15 | CONCLUSION
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| APPENDIX 3-1: FREQUENTLY ASKED QUESTIONS ABOUT APPELLATE MEDIATION IN THE FOURTH CIRCUIT |
| APPENDIX 3-2: FORMS |
APPENDIX 3-3: SAMPLE NOTICE OF APPEAL
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CHAPTER 4: EXTRAORDINARY WRITS AND UNUSUAL APPEALS—STATE AND FEDERAL COURTS
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| | PART ONE—VIRGINIA PROCEDURE |
| 4.1 | BACKGROUND |
| 4.2 | HABEAS CORPUS |
| 4.201 | In General |
| 4.202 | Habeas Corpus in Death Sentence Cases
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| 4.3 | WRITS OF ACTUAL INNOCENCE |
| 4.301 | Writs of Actual Innocence Based on Biological Evidence (Va. Code Title 19.2, Chapter 19.2) |
| 4.302 | Writs of Actual Innocence Based on Nonbiological Evidence (Va. Code Title 19.2, Chapter 19.3)
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| 4.4 | MANDAMUS AND PROHIBITION |
| 4.401 | In General |
| 4.402 | Discretionary Versus Ministerial Acts |
| 4.403 | The Virginia Freedom of Information Act (FOIA) |
| 4.404 | Use of Extraordinary Writs in Lieu of Interlocutory Appeals
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| 4.5 | QUO WARRANTO
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| 4.6 | APPEALS OF EXTRAORDINARY WRITS ISSUED BY LOWER COURTS |
| 4.601 | Right of Appeal |
| 4.602 | Jurisdiction
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| 4.7 | APPEALS OF INTERLOCUTORY DECREES AND INJUNCTIONS |
| 4.701 | In General |
| 4.702 | Injunctions |
| | PART TWO—FEDERAL PROCEDURE |
| 4.8 | BACKGROUND
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| 4.9 | INTERLOCUTORY AND EARLY APPEALS—JURISDICTION
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| 4.10 | INTERLOCUTORY APPEALS AS OF RIGHT— 28 U.S.C. § 1292(A) |
| 4.1001 | When Available |
| 4.1002 | Timing and Procedure
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| 4.11 | DISCRETIONARY INTERLOCUTORY APPEALS— 28 U.S.C. § 1292(B) |
| 4.1101 | When Available |
| 4.1102 | Procedure |
| 4.1103 | Contents of the Petition |
| 4.1104 | Additional Proceedings |
| 4.1105 | Practice Pointers |
| 4.1106 | Utility
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| 4.12 | THE COLLATERAL ORDER DOCTRINE |
| 4.1201 | Source |
| 4.1202 | Fourth Circuit Precedent |
| 4.1203 | Utility
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| 4.13 | FEDERAL EXTRAORDINARY WRITS—JURISDICTION
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| 4.14 | MANDAMUS AND PROHIBITION |
| | 4.1401 | Mandamus—The Bauman Analysis |
| 4.1402 | Mandamus—The Fourth Circuit's Analysis |
| 4.1403 | Prohibition |
| 4.1404 | Utility |
| 4.1405 | Procedure in the Court of Appeals |
| 4.1406 | Procedure in the United State Supreme Court
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| 4.15 | HABEAS CORPUS
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PART THREE—CERTIFICATION OF QUESTIONS OF LAW TO THE SUPREME COURT OF VIRGINIA
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| 4.16 | JURISDICTION
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| 4.17 | CERTIFICATION PROCEDURES |
| 4.1701 | Discretion of Court |
| 4.1702 | Principles |
| 4.1703 | Who May Invoke |
| 4.1704 | Procedure |
| 4.1705 |
