What To Do When Things Go Wrong: You Missed The Deadline To File Your Notice of Appeal

If you don’t regularly practice in front of Virginia’s appellate courts, appellate procedures can be daunting. Deadlines abound, and many are jurisdictional, meaning your case will be dismissed if you miss them. Your first deadline is the filing of the Notice of Appeal. It must be filed in both the trial court and the Court of Appeals within 30 days after entry of the final judgment or other appealable order. Missing this deadline is not the best way to begin an appeal, but luckily, it’s not a jurisdictional deadline. If you file yours late, here’s how you can still save your appeal:

First, file the Notice immediately. And remember – file in both the trial court and the Court of Appeals with filing fees!

Second, contact opposing counsel. You’ll be filing a motion for an extension of time to file, and as with nearly all motions, you’ll need to tell the court whether opposing counsel consents to the extension or whether they intend to file an opposition to it.

Third, file the motion requesting an extension. You must file this motion within 30 days after the deadline for filing your Notice, but you should file it as soon as you realize your Notice is late. To succeed, you must show that there is good cause to grant the extension.

Finally, while you wait for the Court’s decision, be sure meet all other deadlines!