The petition for appeal to the Supreme Court shall be filed with the Clerk of the Supreme Court. The Clerk shall endorse thereon the day and year he received it and shall refer it to one or more justices of the Supreme Court as the Court shall direct. A petition shall, for the purposes of § 8.01-671, be deemed to be timely filed if it is mailed postage prepaid to the Clerk by registered or certified mail and if the official postal receipt therefor is exhibited upon the demand of the Clerk or any party and it shows mailing within the prescribed time limits.
§ 8.01-674.With whom filed; endorsement thereon; reference to justice or justices; when deemed to be filed.
Chapter 26. Appeals to the Supreme Court · Article 4. The Petition · Last amended 1984 · Last verified July 16, 2026
In one sentenceSection 8.01-674 requires a Supreme Court petition for appeal to be filed with the Clerk of the Supreme Court, who dates it and refers it to one or more justices, and treats the petition as timely filed if mailed by registered or certified mail within the deadline and proven by the postal receipt.
Full Text of § 8.01-674
Plain-English Summary
Section 8.01-674 fixes where a petition for appeal to the Supreme Court goes and what happens once it arrives. It must be filed with the Clerk of the Supreme Court, who endorses on it the day and year it was received and refers it to one or more justices as the Court directs.
For petitioners racing a deadline, the section also builds in a mailbox rule tied to § 8.01-671’s time limits. A petition is deemed timely filed if it is mailed postage prepaid to the Clerk by registered or certified mail, and the official postal receipt is exhibited on the demand of the Clerk or any party, showing the mailing occurred within the prescribed time limits.
Frequently Asked Questions
Where do I file a petition for appeal to the Supreme Court of Virginia?
With the Clerk of the Supreme Court.
What does the Clerk do once the petition is filed?
Endorses on it the day and year received and refers it to one or more justices of the Supreme Court as the Court directs.
If I mail my petition close to the deadline, when is it considered filed?
It is deemed timely filed as of mailing if it is sent postage prepaid by registered or certified mail and the official postal receipt, showing mailing within the prescribed time limit, is exhibited on demand of the Clerk or any party.
Does regular first-class mail qualify for this mailbox rule?
No. The section specifies registered or certified mail.
Which deadline does this mailbox rule apply to?
The time limits set out in § 8.01-671.
Amendment History
Code 1950, § 8-475; 1976, c. 615; 1977, c. 617; 1984, c. 703.
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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