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Court clarifies effect of appellate deadline tolling

The Supreme Court of Virginia has clarified the terms of the court’s “judicial emergency” order that apply to tolling of appellate deadlines.

The March 16 order stated “all deadlines” are “hereby tolled and extended, pursuant to Va. Code § 17.1-330(D),” for a period of 21 days.

In a statement posted March 20, the court said the order tolls and extends the time limit for filings related to appeals under Part 5 of the Rules of Court, including but not limited to the deadline for filing the notice of appeal under Rule 5:9 and all filing deadlines pertaining to transcripts and written statements of fact as set forth in Rule 5:11, and for filing the petition for appeal under Rule 5:17.

The tolling and extension referenced in the March 16 order applies to all filings related to appeals to the Court of Appeals that are filed in a circuit court, the statement said. All deadlines in the Court of Appeals that run from the filing of the record in that court remain unaffected; however, parties remain free to seek extensions of time in the Court of Appeals, the court said.