The Court of Appeals hears cases that are submitted based on a petition for appeal or as a matter of right. These appeals come from the Circuit Courts.
Criminal and traffic infraction cases within the Court's jurisdiction are presented to the Court on a petition for appeal.
Each petition for appeal in a criminal case is referred to one or more judges of the Court for review to determine if an appeal should be awarded. The petition for appeal may be granted in whole or part.
All other appeals (domestic relations cases and cases from the Virginia Workers' Compensation Commission and other administrative agencies) are heard as a matter of right.
Appeals of right are cases that an appellate court is required to hear. These cases do not go through the petition process.
If the petition is granted, both parties file briefs in the case. The clerk of the Court of Appeals refers each granted appeal to a panel of the Court.
If an appeal is denied, either in whole, or part, an appellant may request a panel of three judges of the Court of Appeals to review the petition. Any one of the three judges may grant the petition.
Court of Appeals’ decisions are issued by written opinion or order.
The decision of the Court of Appeals may be appealed to the higher appellate court, the Supreme Court of Virginia.
