Navigating Virginia Appeals - Key Considerations

In an article published by Virginia Lawyers Weekly, Woods Rogers Principals Thomas Chappell and Elaine McCafferty examine key considerations for navigating appeals in Virginia following the expanded jurisdiction of the Court of Appeals. The article highlights how the shift to broader appellate access creates new opportunities for litigators, while also increasing the importance of avoiding procedural missteps that can jeopardize an appeal.

Drawing on practical experience, the authors outline critical areas where issues are often lost, including waiver at the pleading stage, failure to preserve error during trial, and gaps in the appellate record.

They also highlight best practices for framing assignments of error, meeting briefing requirements, and navigating timing rules tied to final orders and appeals, while cautioning against common pitfalls such as actions that may waive appellate rights. Overall, the article offers practical, actionable guidance to help litigators ensure their arguments are heard on the merits rather than lost to procedural missteps.

Subscribers to Virginia Lawyers Weekly can read the full article here.