When any term of the Supreme Court is ended, or sooner if the court so direct, the Clerk thereof shall certify and transmit its decision to the clerk of the court or tribunal below, as the case may be, except that it shall not be his duty to certify or transmit a copy of a judgment of affirmance unless the appellee shall have paid all fees due from him in the case, or shall endorse on such copy so much of the judgment, for the benefit of the clerk, as the unpaid fees shall amount to. If any clerk fail to comply with this section for twenty days, except as aforesaid, he shall forfeit fifty dollars to any person aggrieved thereby.
§ 8.01-683.When Clerk of Supreme Court to transmit its decisions.
Chapter 26.2. Appeals Generally · Article 3. Limitations; Hearing and Decision · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-683 requires the Clerk of the Supreme Court to certify and transmit its decisions to the court below at the end of each term, though a copy of an affirming judgment is withheld until the appellee pays outstanding fees, and a clerk who misses the twenty-day deadline forfeits fifty dollars to anyone harmed.
Full Text of § 8.01-683
Plain-English Summary
Section 8.01-683 closes the loop between the Supreme Court and the court whose decision it reviewed. When any term of the Supreme Court ends, or sooner if the court directs, the Clerk certifies and transmits the Court's decision to the clerk of the court or tribunal below.
Affirmances come with a fee condition attached. The Clerk does not have to certify or transmit a copy of a judgment of affirmance unless the appellee has paid all fees due from him in the case, or unless the copy is endorsed with however much of the judgment, for the clerk's benefit, the unpaid fees amount to.
The section backs its deadline with a penalty: a clerk who fails to comply with the section for twenty days forfeits fifty dollars to any person aggrieved by that failure.
Frequently Asked Questions
When must the Clerk of the Supreme Court send its decisions to the lower court?
When any term of the Supreme Court is ended, or sooner if the court so directs.
Is there an exception to transmitting a judgment of affirmance?
Yes. The Clerk need not transmit it unless the appellee has paid all fees due from him in the case, or the copy is endorsed with the unpaid fee amount for the clerk's benefit.
What happens if the Clerk misses this deadline?
If the Clerk fails to comply for twenty days, he forfeits fifty dollars to any person aggrieved by the failure.
Who receives the transmitted decision?
The clerk of the court or tribunal below.
Does the fee condition apply to every decision, or only affirmances?
Only to affirmances — the general duty to certify and transmit applies to decisions broadly, while the fee condition applies specifically "unless the appellee shall have paid all fees due."
Amendment History
Code 1950, § 8-496; 1977, c. 617.
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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