§ 8.01-677.1.Appeals filed in inappropriate appellate court.
Chapter 26.2. Appeals Generally · Article 2. Errors Insufficient in the Appellate Court · Last amended 1988 · Last verified July 16, 2026
In one sentenceSection 8.01-677.1 prevents a properly and timely filed appeal from being dismissed just because the litigant filed it in the wrong appellate court, requiring that court instead to transfer the case to the correct one and give the parties reasonable time to amend their filings.
Full Text of § 8.01-677.1
Text size
Notwithstanding any other provisions of this Code, no appeal which was otherwise properly and timely filed shall be dismissed for want of jurisdiction solely because it was filed in either the Supreme Court or the Court of Appeals and
the appellate court in which it was filed thereafter rules that it should have been filed in the other court. In such event, the appellate court so ruling shall transfer the appeal to the appellate court having appropriate jurisdiction for further proceedings in accordance with the rules of the latter court. The parties shall be allowed a reasonable time to file such additional or amended pleadings as may be appropriate to proceed with the appeal in the appellate court to which the appeal is transferred.
Plain-English Summary
With two appellate courts in Virginia, a litigant can guess wrong about which one has jurisdiction over a given appeal. Section 8.01-677.1 keeps that mistake from being fatal: notwithstanding any other Code provision, an appeal that was otherwise properly and timely filed is not dismissed for want of jurisdiction solely because it was filed in the Supreme Court or the Court of Appeals and that court later rules it should have gone to the other one.
Instead of dismissal, the appellate court that made that ruling transfers the appeal to the appellate court with the appropriate jurisdiction, for further proceedings under that court's own rules. The parties are then given a reasonable time to file whatever additional or amended pleadings the transfer makes appropriate, so the case can proceed in its new home.
Frequently Asked Questions
What happens if I file my appeal in the Supreme Court but it should have gone to the Court of Appeals, or vice versa?
The appeal is not dismissed for lack of jurisdiction on that basis; the appellate court that ruled the filing was in the wrong place transfers it to the appellate court with the appropriate jurisdiction.
Does my appeal still count as timely if it was filed in the wrong appellate court?
Yes, so long as it was otherwise properly and timely filed.
Who decides that an appeal was filed in the wrong court?
The appellate court in which the appeal was filed, when it rules that the appeal should have been filed in the other court.
Do I get a chance to fix my filings after the transfer?
Yes. The parties are allowed a reasonable time to file additional or amended pleadings appropriate to proceeding with the appeal in the receiving court.
Under what rules does the case proceed after the transfer?
The rules of the appellate court to which the appeal is transferred.
Amendment History
1988, c. 382.
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:filed appeal wrong court virginiatransfer appeal supreme court court of appeals virginia8.01-677.1 wrong appellate courtvirginia appeal jurisdiction transfer