When a case has previously been in an appellate court, the Court of Appeals may inspect the record of the former appeal. 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 trial court and have brought before it, when part of a record is omitted, the whole or any part of such record. As soon as a case is decided, the clerk of the Court of Appeals shall cause the appendix, if any, and 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.
§ 8.01-675.4.Inspection and return of records; certiorari when part of record is omitted; retention of records.
Chapter 26.1. Appeals to the Court of Appeals · Last amended 1994 · Last verified July 16, 2026
In one sentenceSection 8.01-675.4 gives the Court of Appeals the same record-inspection and certiorari powers over prior appeals that the Supreme Court has, and requires its clerk to preserve the appendix, if any, and briefs to archival standards after a case is decided.
Full Text of § 8.01-675.4
Plain-English Summary
Section 8.01-675.4 mirrors, for the Court of Appeals, the record-handling authority Section 8.01-673 gives the Supreme Court. When a case has previously been before an appellate court, the Court of Appeals may inspect the record of that former appeal, and in any case, after reasonable notice to counsel, may award a writ of certiorari to the clerk of the trial court to bring before it the whole or any omitted part of the record.
Once a case is decided, the clerk of the Court of Appeals arranges for the appendix, if any, and the briefs of counsel to be recorded and preserved in a manner meeting archival standards recommended by the Archives and Records Division of the Library of Virginia.
Frequently Asked Questions
Can the Court of Appeals review the record from an earlier appeal in the same case?
Yes, when the case has previously been before an appellate court.
What if the record sent up on appeal is missing part of what happened below?
The Court of Appeals may award a writ of certiorari to the clerk of the trial court, after reasonable notice to counsel, to bring up the whole or any omitted part of the record.
Who preserves the briefs and appendix after the Court of Appeals decides a case?
The clerk of the Court of Appeals.
What standard governs how those materials are preserved?
Archival standards recommended by the Archives and Records Division of the Library of Virginia.
Does every case have an appendix that must be preserved?
Not necessarily — the section refers to "the appendix, if any," recognizing that not every case will produce one.
Amendment History
1984, c. 703; 1988, c. 197; 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 court of appeals record certiorari8.01-675.4 record retention court of appealsvirginia court of appeals archival recordswrit of certiorari court of appeals virginia