An appeal is the process by which a case is brought from the lower court to a higher-level court of review. There are two types of appeal in Virginia.
The first type of appeal is an appeal from a court not of record (General District Court or the Juvenile and Domestic Relations Court) to a court of record (Circuit Court). This type of appeal is called an appeal de novo.
A case appealed from the District Court to the Circuit Court is considered an appeal de novo. In this type of appeal, a new trial is held. The primary purpose of this type of appeal is to have a new trial in a court of record.
When a final order or judgment has been entered at the end of the trial in Circuit Court, either party can appeal the case to the next higher appellate court.
The second type of appeal is an appeal from a court of record (Circuit Court) to an appellate court (Court of Appeals or Supreme Court of Virginia). This type of appeal is called an appeal based on the record.
In an appeal based on the record, the appellate court reviews the complete record of the case (sent from the Circuit Court). The appellate court decision may affirm, reverse, or modify the lower court decision.
