The New Virginia Court of Appeals: Practice and Procedures

While historically the Court of Appeals of Virginia had jurisdiction limited to appeals of domestic relations, workers’ compensation, criminal, traffic, administrative agency cases and cases involving a small group of other subject matters, effective January 1, 2022, among other significant changes, the Court of Appeals will hear appeals from parties in most civil cases as well as criminal defendants as a matter of right. Therefore, civil litigants have an opportunity to appeal circuit court rulings to an appellate court without having to have their case granted by a writ panel of the Supreme Court of Virginia. Because of the limited jurisdiction of the Court of Appeals historically, many civil practitioners may have little to no experience in the Court of Appeals, but after these changes take effect, they will have to understand how to navigate this body and its Rules.

This course is designed to provide an overview of the lifecycle of an appeal before the Court of Appeals of Virginia so that practitioners understand what to expect procedurally when appealing or defending a ruling before the Court of Appeals. The course will discuss matters that practitioners should watch out for at the trial level that could affect their appeal. Additionally, it will discuss the steps that need to be taken in order to litigate an appeal, with analyses of significant recent changes in the Rules of the Supreme Court of Virginia and important appellate concepts as part of this discussion.

Specifically, this course will discuss:

• Preservation of error
• Final orders and interlocutory appeals
• Notices of appeal
• The designation process
• Briefing
• Oral argument
• Post-decision opinions, including appealing the ruling to the Supreme Court of Virginia

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

Inclement Weather Policy and Updates.

COURSE SCHEDULE (August 17) (Eastern Time)

• Q&A will be handled via chat room for Webcast attendees.
• Q&A will be handled via e-mail for telephone seminar attendees.

FACULTY

F. Nash Bilisoly, Woods Rogers Vandeventer Black PLC / Norfolk
W. Thomas Chappell, Woods Rogers Vandeventer Black PLC / Norfolk

ABOUT THE SPEAKERS

F. Nash Bilisoly, Woods Rogers Vandeventer Black PLC / Norfolk
Nash Bilisoly has been a partner with Woods Rogers Vandeventer Black since 1985 and concentrates his law practice in maritime and employment related matters, primarily representing shipyards, terminals, and vessels. His practice focuses on insurance and employment issues including Jones Act, Longshore and Harbor Workers’ Defense, Coverage, and Legislative initiatives.

Nash works with risk managers, human resource professionals, and executives on preventive strategies and, if necessary, litigation. He has litigated numerous matters before administrative agencies, all state courts including the Supreme Court of Virginia, federal district courts and courts of appeal, and, in 2002, the United States Supreme Court. In addition, he has directed several legislative initiatives in the Virginia General Assembly on behalf of Maritime Employers.

W. Thomas Chappell, Woods Rogers Vandeventer Black PLC / Norfolk
Thomas Chappell helps his clients accomplish their goals and solve problems. While he has diverse experience in a variety of civil litigation areas, his practice focuses on appellate advocacy, trust and estates litigation, land use litigation, collections, and representing community associations.

Thomas has an active appellate litigation practice and has represented clients before the Virginia Workers’ Compensation Commission, the Court of Appeals of Virginia, the Supreme Court of Virginia, and the United States Court of Appeals for the Fourth Circuit. Prior to joining Vandeventer Black, he served as a judicial law clerk for Justice S. Bernard Goodwyn of the Supreme Court of Virginia and as an extern for Judge Roger L. Gregory of the United States Court of Appeals for the Fourth Circuit.

In addition to his appellate practice, Thomas represents client in diverse areas of civil litigation. He frequently handles trust and estates litigation matters. He also represents clients in land use disputes. He has experience representing clients before local Boards of Zoning Appeals. He also handles collections matters on general district and circuit courts.

Thomas regularly appears on behalf of community associations in courts throughout Hampton Roads. He frequently presents on diverse legal topics to community association industry groups. He is actively involved in the Southeastern Virginia Chapter of the Community Association Institute, and is a member of Virginia’s state-wide Community Association Institute’s Legislative Action Committee, which advocates on behalf of community associations in the General Assembly.

Thomas attended the College of William & Mary, where he majored in Government and Economics and received a B.A. (magna cum laude). He attended the University of Richmond School of Law and earned a J.D. (magna cum laude). He was a John Marshall Scholar, a member of the University of Richmond Law Review, and named to the Order of the Coif and the McNeill Law Society. He was also an executive board member of the law school’s Christian Law Fellowship.

Outside of the office, Thomas plays volleyball and is an avid William & Mary sports fan.