Appellate Litigation
Appellate Litigation Lawyers
The attorneys at Daugherty Luckey handle appeals in the Court of Appeals of Virginia and the Supreme Court of Virginia. We represent clients on both sides of an appeal, whether challenging rulings that misapplied the law or defending favorable judgments won at trial. We accept clients in civil, criminal, family law, business, personal injury, and regulatory matters from state courts across the Commonwealth.
Family Law Appeals
Custody, visitation, relocation, grandparent visitation, equitable distribution, spousal support, child support, and protective order rulings from a circuit court can be appealed to the Court of Appeals of Virginia. These appeals usually turn on whether the court applied the correct legal standard and whether its findings support the result it reached. We brief and argue custody and divorce appeals across Virginia and defend favorable judgments when the other parent or spouse appeals.
Criminal Appeals
A conviction in a Virginia circuit court is appealable as of right to the Court of Appeals of Virginia. We handle criminal appeals raising sufficiency of the evidence, suppression rulings, evidentiary error, jury instructions, sentencing, and probation revocation, and we file petitions for appeal in the Supreme Court of Virginia when a case warrants further review.
Civil Appeals
We represent businesses and individuals in appeals from civil judgments, including contract disputes, defamation and other tort claims, personal injury verdicts, real property disputes, commercial litigation, and appeals from regulatory and administrative decisions. Most final civil judgments from Virginia’s circuit courts have been appealable as of right since 2022, which gives almost every civil litigant in the Commonwealth a path to appellate review that did not exist before.
Post-Trial Motions
The objections made at trial and the motions filed afterward set the boundaries of an appeal. Under Rules 5A:18 and 5:25 of the Rules of the Supreme Court of Virginia, the Court of Appeals and Supreme Court rarely consider arguments that were not first raised in the trial court. We draft motions to set aside a verdict, motions to reconsider, and post-trial briefs, and we work with trial counsel before the final order is entered so the record supports the arguments that will matter on appeal.
Petitions for Appeal
Review in the Supreme Court of Virginia begins with a petition for appeal, which must persuade a panel of justices that the case presents a question worth the Court’s attention. We prepare petitions and briefs in opposition, and we handle the merits briefing and oral argument when a petition is granted. We also prepare petitions for rehearing and rehearing en banc.
The Appellate Process in Virginia
Since a 2022 expansion of its jurisdiction, the Court of Appeals of Virginia hears appeals of right from nearly all final judgments entered by Virginia’s circuit courts. That does not mean you have a right to a second trial. An appeal asks a higher court to decide whether the trial court applied the law correctly, and the appellate court decides that question on the record made at trial. It does not hear new evidence or take new testimony, and it generally will not consider an argument that was not first raised in the trial court. A three-judge panel of the Court of Appeals decides the appeal on the written briefs and, in many cases, after hearing oral argument.
A party who loses in the Court of Appeals may petition the Supreme Court of Virginia, which chooses the cases it hears. Appeals from the federal district courts in Virginia, by contrast, go to the United States Court of Appeals for the Fourth Circuit in Richmond.
Virginia has one Court of Appeals and one Supreme Court for the entire Commonwealth. Both courts hear appeals from every circuit court in the Commonwealth. That means an appeal from Fairfax, Prince William, Loudoun, or Arlington follows the same rules and the same deadlines as one from Richmond, Charlottesville, Southwest Virginia, or Hampton Roads, regardless of where your case went to trial. The attorneys in our Manassas office can represent you from anywhere in the Commonwealth in a matter before either appellate court.
When to Consider an Appeal
An appeal is worth considering when the trial court applied the wrong legal standard, misread a statute, admitted or excluded evidence in a way that affected the outcome, or reached a result that its own findings cannot support. The same review matters when the other side has noted an appeal and a favorable judgment needs to be defended.
Deadlines are short. In Virginia, a notice of appeal must be filed within 30 days after the circuit court enters the final order, and the 30 days run from the date of entry, not from the date a party learns of the ruling. Transcripts must be filed within 60 days, and particularly in civil cases, the viability of an appeal often turns on whether transcripts of the proceedings are timely filed and made a part of the record. In federal court, the notice of appeal is due within 30 days in most civil cases and within 14 days in criminal cases. The time to talk to an appellate attorney is as soon as the ruling comes down, and before the final order is entered if a post-trial motion may be needed.
Why Daugherty Luckey
If you are considering an appeal from a circuit court, a federal district court, or an agency decision, we can evaluate the record and handle the appeal from beginning to end. If you want your trial attorney to remain involved, we can join the case as appellate co-counsel without disrupting that relationship. Whether we handle your appeal directly or work alongside your trial attorney, here is what you can expect from us:
- We can represent you anywhere in the Commonwealth in matters before the Court of Appeals of Virginia or the Supreme Court of Virginia, regardless of where your case went to trial.
- Before you decide whether to appeal, we will give you a candid assessment of the potential assignments of error, the governing standard of review, and the time the appeal is likely to take. If the record does not provide a realistic basis for an appeal, we will tell you.
- You will work directly with a small appellate team, and your case will receive personalized attention from a small team of dedicated advocates.
- The attorney who reads your record will write your brief and argue your appeal, so the lawyer standing before the Court will know your case firsthand and will know it well.
Frequently Asked Questions About Appeals in Virginia
How long do I have to appeal a Virginia circuit court decision?
Thirty days from the date the court enters its final order. The deadline is mandatory. Transcripts are due within 60 days of the final order. In federal court, the notice of appeal is due within 30 days in most civil cases and within 14 days in criminal cases.
Can I appeal a custody or divorce ruling?
Yes. Final custody, visitation, support, and equitable distribution orders from a circuit court are appealable as of right to the Court of Appeals of Virginia. We also defend those orders when the other side appeals.
What if the ruling came from the Juvenile and Domestic Relations District Court?
A JDR ruling is appealed to the circuit court within 10 days, and the case is tried again from the beginning. A JDR appeal is different than the appeals described on this page and are handled by our firm’s trial attorneys. The appeals described on this page are appeals from a circuit court or a federal district court to an appellate court, not those from JDR to circuit court.
Can I present new evidence on appeal?
No. The appellate court decides the case on the record made in the trial court, which is why objections at trial and post-trial motions matter.
Do I need an appellate lawyer near the court where my case was tried?
No. Virginia’s appellate courts hear appeals from every circuit court in the Commonwealth, and the appeal is decided on the record and the briefs. We represent clients from anywhere in the Commonwealth, and we appear for argument wherever the court sits.
Do I need a different lawyer for the appeal?
Not always. Appeals are decided on written briefs and standards of review, which is different work from a trial. We accept referrals from trial lawyers across Virginia, and the referring lawyer may or may not stay involved in the case depending on your circumstances.
If a trial court or administrative agency has entered a final order in your case, or the other side has noted an appeal, call Daugherty Luckey at (571) 800-8831 or schedule a consultation online.
I cannot recommend Michael C. Daugherty highly enough. Michael represented me in a family law matter and delivered an outstanding outcome. His professionalism and direct approach were truly impressive. Michael is a straight shooter who managed my expectations perfectly throughout the entire process. He communicated effectively and always put my interests first, steering clear of unnecessary paths. His dedication and client-first mentality made all the difference. If you need a top-notch attorney, Michael is the one to trust.
— Jeff
