A. In cases where an appeal is permitted from the trial court to the Supreme Court, no petition shall be presented for an appeal to the Supreme Court from any final judgment, whether the Commonwealth be a party or not, that was rendered more than 90 days before the petition is presented, provided that an extension may be granted, in the discretion of the Supreme Court, on motion for good cause shown.
§ 8.01-671.Time within which petition must be presented.
Chapter 26. Appeals to the Supreme Court · Article 2. When Granted · Last amended 2022 · Last verified July 16, 2026
In one sentenceSection 8.01-671 gives a would-be appellant 90 days after a trial court’s final judgment to petition the Supreme Court for appeal, and only 30 days after a Court of Appeals decision to petition the Supreme Court for further review, though the Court may extend either deadline for good cause.
Full Text of § 8.01-671
B. No appeal to the Supreme Court from a decision of the Court of Appeals shall be granted unless a petition for appeal is filed within 30 days after the date of the decision appealed from. However, an extension may be granted, in the discretion of the court, on motion for good cause shown.
Plain-English Summary
Section 8.01-671 runs two separate clocks depending on where an appeal starts. Under subsection A, when an appeal runs from a trial court to the Supreme Court, no petition for appeal may be presented from a final judgment rendered more than 90 days before the petition is presented — a rule that applies whether or not the Commonwealth is a party.
Under subsection B, an appeal to the Supreme Court from a decision of the Court of Appeals follows a tighter clock: no such appeal may be granted unless the petition for appeal is filed within 30 days of the decision being appealed.
Both deadlines can bend, but not on their own. In either case, the Supreme Court may grant an extension in its discretion, on a motion showing good cause. Absent that kind of relief, missing either window can be fatal to getting the case before the Court at all.
Frequently Asked Questions
How long do I have to petition the Supreme Court after a trial court’s final judgment?
90 days, under subsection A, though an extension may be granted in the Supreme Court’s discretion on motion for good cause shown.
How long do I have to petition the Supreme Court after a Court of Appeals decision?
30 days after the date of the decision appealed from, under subsection B.
Can these deadlines be extended?
Yes, in either case, in the discretion of the Supreme Court, on motion for good cause shown.
Does it matter whether the Commonwealth is a party to the case?
No — subsection A’s 90-day rule applies to a final judgment "whether the Commonwealth be a party or not."
Does subsection B govern appeals from the Court of Appeals to a circuit court?
No. It governs appeals to the Supreme Court from a decision of the Court of Appeals, not appeals to a circuit court.
Amendment History
Code 1950, § 8-463; 1977, cc. 2, 617; 1984, c. 703; 2017, cc. 651, 652; 2021, Sp. Sess. I, c. 489; 2022, c. 714.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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