A. The Supreme Court may, when a case has before been in an appellate court, inspect the record upon the former appeal; and the court may, in any case, after reasonable notice to counsel in the appellate court, award a writ of certiorari to the clerk of the court below, and have brought before it, when part of a record is omitted, the whole or any part of such record.
§ 8.01-673.Inspection and return of records; certiorari when part of record is omitted; binding or retention of records.
Chapter 26. Appeals to the Supreme Court · Article 3. The Record · Last amended 1994 · Last verified July 16, 2026
In one sentenceSection 8.01-673 lets the Supreme Court examine the record from a case’s earlier appeal, award a writ of certiorari to retrieve any omitted portion of the record, and directs the Clerk to return records to the court below and preserve appendices, briefs, and pre-1950 manuscript records to archival standards.
Full Text of § 8.01-673
B. When an appeal is refused or after it has been allowed and decided, the Clerk of the Supreme Court shall return the record to the clerk of the circuit court or other tribunal. The clerk of such court or tribunal shall return the record upon the request of the Clerk of the Supreme Court. As soon as a case is decided, the Clerk of the Supreme Court shall cause the appendix and the briefs of counsel to be recorded and preserved in any manner which meets archival standards as recommended by the Archives and Records Division of The Library of Virginia.
The manuscript of the record in a case in which an opinion was delivered prior to 1950 by the Supreme Court upon refusal of an appeal shall not be destroyed and shall be retained by the clerk of such court in his files.
Plain-English Summary
Section 8.01-673 gives the Supreme Court tools for managing the record in a case that has already been before an appellate court. The Court may inspect the record from the former appeal, and in any case, after reasonable notice to counsel, may award a writ of certiorari to the clerk of the court below to bring up whatever part of the record was omitted.
Once an appeal is refused, or has been allowed and decided, the Clerk of the Supreme Court returns the record to the clerk of the circuit court or other tribunal it came from, and that clerk must return the record again if the Clerk of the Supreme Court asks for it. As soon as a case is decided, the Clerk of the Supreme Court arranges for the appendix and the briefs of counsel to be recorded and preserved to archival standards recommended by the Archives and Records Division of the Library of Virginia.
The section also protects older history: the manuscript record in a case where the Supreme Court delivered an opinion before 1950 upon refusal of an appeal may not be destroyed, and the clerk of that court must keep it in his files.
Frequently Asked Questions
Can the Supreme Court look at the record from an earlier appeal in the same case?
Yes, when a case has before been in an appellate court, the Court may inspect the record upon the former appeal.
What happens if part of the record on appeal was left out?
The Court may award a writ of certiorari to the clerk of the court below, after reasonable notice to counsel, to bring before it the whole or any part of the omitted record.
What happens to the record after the Supreme Court refuses or decides an appeal?
The Clerk of the Supreme Court returns the record to the clerk of the circuit court or other tribunal, who must return it again if the Clerk of the Supreme Court requests it.
How are the appendix and briefs preserved after a case is decided?
The Clerk of the Supreme Court causes them to be recorded and preserved in a manner meeting archival standards recommended by the Archives and Records Division of the Library of Virginia.
What happens to old case records from before 1950?
The manuscript record in a case where the Supreme Court delivered an opinion before 1950 upon refusal of an appeal must not be destroyed and must be retained by the clerk in his files.
Amendment History
Code 1950, §§ 8-473, 8-501; 1974, c. 532; 1977, cc. 449, 617; 1984, c. 703; 1988, c. 324; 1994, c. 64.
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
Also known as: virginia supreme court record on appealwrit of certiorari missing record virginia8.01-673 record retention appealvirginia court records archival preservation appeal