appellate court lawyers Richmond va

There are several reasons one might file a motion in the Supreme Court of Virginia.  For example, if a petitioner has missed a mandatory deadline, or their appeal is otherwise procedurally defective, the attorney for a respondent might file a motion to dismiss the petition for appeal.  Or a litigant seeking a faster resolution of a time-sensitive issue might file a motion seeking to expedite the Court's consideration of their case.

Appellate motions filed in the Supreme Court of Virginia are governed by Rule 5:4.  After a motion is filed, Subsection (a)(2) of that Rule gives opposing counsel 10 days to file a response. As it stands now, however, Rule 5:4 is silent about whether a movant may file a reply or rebuttal in support of their motion and, if so, when they can do so.  Given the Court's silence on the issue, it has been our usual practice to file reply memoranda supporting appellate motions.

The rule governing appellate motions will soon change.

Effective July 1, 2019, Rule 5:4(a)(2) will be amended to dictate that, once a response to a motion is filed, "no further pleadings in support of or in opposition to a motion may be filed without leave of Court."  Thus, the default rule will be that replies and rebuttals are prohibited.

Benjamin P. Kyber
Richmond Appellate Law Attorney Serving Virginia, Henrico County.
Join The Conversation
Shumon 09/12/2020 12:10 AM
It’s hard to come by experienced people about this subject, however, you sound like you know what you’re talking about! Thanks
Post A Reply
saima 01/23/2021 09:11 AM
we are glad to read your post thank you, Car Accident Lawyer
Post A Reply
saba 01/23/2021 10:56 AM
Your articles are really amazing. love to read your blog.It will be very useful information for everyone.Carry on the hard work. Keep sharing such informative posts continuously Car Accident Lawyer
Post A Reply
Post A Comment