Notwithstanding any provision of law to the contrary, no appeal shall be refused or dismissed for failure to deliver the record within the required time if it shall appear from evidence satisfactory to the appellate court that the clerk of the court below failed to deliver to the clerk of the appellate court the record on appeal within the required time.
§ 8.01-679.Failure of trial court clerk to deliver record to appellate court.
Chapter 26.2. Appeals Generally · Article 3. Limitations; Hearing and Decision · Last amended 1984 · Last verified July 16, 2026
In one sentenceSection 8.01-679 protects an appeal from dismissal for late delivery of the trial court record when the appellate court is satisfied that the delay was the fault of the clerk below rather than the appealing party.
Full Text of § 8.01-679
Plain-English Summary
An appeal depends on the record from the court below reaching the appellate court, and that delivery is out of the appellant's hands. Section 8.01-679 makes sure a clerk's delay does not become the appellant's problem: notwithstanding any contrary provision of law, no appeal is refused or dismissed for failure to deliver the record within the required time, if evidence satisfactory to the appellate court shows that the clerk of the court below failed to deliver the record to the clerk of the appellate court within the required time.
The protection turns on the appellate court's own satisfaction with the evidence presented, placing the fault where it belongs — with the clerk's office that missed the deadline — rather than with the litigant pursuing the appeal.
Frequently Asked Questions
Can my appeal be dismissed because the trial court clerk was late sending up the record?
No, not if the appellate court is satisfied, from evidence presented to it, that the delay was the clerk's failure to deliver the record on time.
Who has to show that the clerk caused the delay?
The party relying on this section must present evidence satisfactory to the appellate court that the clerk of the court below failed to deliver the record within the required time.
Does this section excuse delay caused by the appellant himself?
No. It addresses a failure by the clerk of the court below to deliver the record, not delay attributable to the appellant.
Which court decides whether the clerk was responsible for the delay?
The appellate court.
Does this section override other Code provisions requiring dismissal for late delivery?
Yes, it applies "notwithstanding any provision of law to the contrary."
Amendment History
Code 1950, § 8-489; 1964, c. 7; 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
Also known as: appeal dismissed late record virginiaclerk failed to send record appeal virginia8.01-679 failure to deliver recordvirginia appeal record delivery deadline