Court of Appeals of Virginia

Brief and appendix rules we apply — State appeal, $299.

Format

Type: Times New Roman 14 pt, double-spaced
Margins: 1-inch margins
Opening brief: 12,300 words or 50 pages
Reply brief: 3,500 words or 20 pages
What counts: Longer of pages or words. Excludes appendices, cover page, TOC, TOA, signature blocks, certificate; headings, footnotes, quotations count
Rules: Rules of Supreme Court of Virginia, Part 5A — Rule 5A:4 (8.5x11; 1-in. margins; >=14-pt in a font on the Court's approved list; double-spaced except headings, assignments of error, quotations >49 words, footnotes); Rule 5A:19 (amended eff. Aug. 20, 2024)

Parts of the brief, in order

Cover page — Required · Rule 5A:4
TABLE OF CONTENTS — Required · Rule 5A:20
TABLE OF AUTHORITIES — Required · Rule 5A:20
STATEMENT OF THE CASE — Required · Rule 5A:20
ASSIGNMENTS OF ERROR — Required · Rule 5A:20
STATEMENT OF FACTS — Required · Rule 5A:20
STANDARD OF REVIEW — Required · Rule 5A:20
ARGUMENT — Required · Rule 5A:20
CONCLUSION — Required · Rule 5A:20
Signature block — Required · Rule 5A:20
CERTIFICATE — Required · Rule 5A:20

Argument headings: Argument for each assignment of error; standard of review, argument and authorities stated in one place, not scattered

Standard of review: Stated with the argument for each assignment of error (Rule 5A:20)

Record citations: (R. 123) - record page numbers; each assignment of error cites where preserved

Appendix

Required when applicable. Pages are numbered like App. 12. (Rule 5A:25)

basic initial pleading (as amended)
judgment appealed from and any opinion
testimony and incidents germane to assignments of error
exhibits

Not required when trial clerk filed record electronically (except videotaped proceedings); required with paper record

Certificates

Compliance: Certificate states word count (headings, footnotes, quotations count) and service; indicates whether oral argument waived
Service: Date and method of transmission to opposing counsel

Good to know

Appellee brief (5A:21) includes assignments of cross-error with preservation cites
Reply (5A:22): argument in reply only + certificate
Assignments of error must cite exact record pages where preserved; insufficient assignments may be dismissed

Filing: VACES (Virginia Appellate Courts eFiling System)

Questions

What font and spacing does the Court of Appeals of Virginia require for briefs?

Times New Roman 14 pt, double-spaced; 1-inch margins (Rule 5A:4 (8.5x11; 1-in. margins; >=14-pt in a font on the Court's approved list; double-spaced except headings, assignments of error, quotations >49 words, footnotes)).

How long can an opening brief be in the Court of Appeals of Virginia?

12,300 words or 50 pages (Rule 5A:19 (amended eff. Aug. 20, 2024)). Reply brief: 3,500 words or 20 pages.

What goes in the appendix?

Appendix: basic initial pleading (as amended); judgment appealed from and any opinion; testimony and incidents germane to assignments of error; exhibits.