Procedure
All criminal cases that are within the Court's jurisdiction and all traffic infraction cases are presented to the Court by petition for appeal. A petition is a formal written application to a court requesting judicial action on a certain matter.
Each petition for appeal in a criminal case is referred to a judge of the Court for review to determine if an appeal should be awarded. The judge may grant the petition for appeal in whole or part. An appellant may request a panel of three judges of the Court of Appeals to review a petition for appeal that was denied, either in whole, or part, by the judge who initially reviewed the petition. As long as oral argument was preserved in the petition for appeal and a reply brief was not filed, the appellant may present oral argument on the petition for appeal before a panel of three judges. Any one of the three judges may grant the petition on the basis of the record without oral argument. If the petition is granted, briefs are filed by both parties. The clerk of the Court of Appeals refers each granted appeal to a panel of the Court. Oral argument is permitted and may be waived.
All other appeals (domestic relations, Virginia Workers' Compensation Commission and those from 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. Briefs are filed by both parties and the case is referred by the clerk of the Court to a panel of three judges. Oral argument is permitted and may be waived. The Court may summarily affirm an appeal without oral argument if a panel of three judges determines that it has no merit.
Decisions are issued by the Court of Appeals by written opinion or order.
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