Two minor changes in the new appellate rules have been generating way too much discussion (and far too many calls to the clerk’s office) here at the Firm on the Move (TM).
On the theory that you, dear readers, operate on the same plane of nerdliness that we inhabit, we now confront two of the
It’s been a while since we inflicted one of these posts about the new rules on you, dear readers. Don’t worry. This one will be relatively painless.
That’s because Rules 5:9 (Notice of Appeal) and 5:10 (Record on Appeal: Contents) look pretty much the way they did before July 1. Nothing wrong with that.
Rule
I’m headed over to the Homestead later today for the VBA summer meeting. I hope to see some of you there.
I humbly predict that one of the highlights of the meeting will be a panel at 2:30 tomorrow put on by the Civil Litigation and Appellate Practice sections, “The Roberts Court at Age
Rule 5:8A, “Appeal from Partial Final Judgment in Multi-Party Cases,” is a completely new–and highly technical–rule. It is intended to clarify who may appeal and when in cases involving multiple claims and multiple parties. The advisory committee’s report indicates that the Rule was adopted in response to a general sense of confusion about appellate rights
Here are some more of the questions that have led readers to our humble blog (or left them hopelessly confused after getting here):
Time to dive like an Italian midfielder back into our analysis of Virginia’s new appellate rules:
Today’s Rule is 5:5, which governs filing deadlines, post-trial proceedings, timely filing by mail, and extensions of time. The Court makes a few material changes here, which are by and large practitioner-friendly.
As amended, Rule 5:5(a) specifies
We continue our journey into the depths of madness through Virginia’s revised appellate rules with a completely new addition: Rule 5:1A, “Penalties for Non-compliance; Show Cause; Dismissal.” This Rule contains both good and bad news for practitioners.
Let’s start with the good: As its caption suggests, this Rule governs what happens when lawyers screw up.
Another round of our answers to the imponderable questions that lead people to this blog:
A little while ago, I promised to share my thoughts on the revised appellate rules that take effect on July 1. (Okay, so it was a more than month ago. Things have been busy.)
Let’s start at the beginning. Rule 5:1 has been amended to include two new substantive provisions:
I hope that you’re all enjoying the holiday weekend. I was relaxing by the lake this morning and talking to my adorable and precocious niece when the conversation turned to what I do for a living. We didn’t get very far, because she cut me off, oral-argument style, with the titular query–“What’s a trial?”
Good