Va. R. Sup. Ct. 5A:10

As amended through September 26, 2024
Rule 5A:10 - Record on Appeal: Preparation and Transmission
(a)Preparation The clerk of the trial court must prepare the record as soon as possible after notice of appeal is filed. In the event of multiple appeals in the same case, or in cases tried together, only one record need be prepared and transmitted.
(b)Form of the Record.
(1) The record must be compiled in the following order:
(i) a front cover setting forth the name of the court and the short style of the case;
(ii) a table of contents listing each paper included in the record and the page on which it begins;
(iii) each document constituting a part of the record in chronological order; and
(iv) the certificate of the clerk of the trial court that the foregoing constitutes the true and complete record, except omitted exhibits as hereinafter provided.
(2) Each page of the record must be numbered at the bottom.
(3) Transcripts, depositions, and reports of commissioners may be included in separate volumes identified by the clerk of the trial court if referred to in the table of contents and at the appropriate place in the record.
(4) Exhibits, other than those filed with pleadings, may be included in a separate volume or envelope certified by the clerk of the trial court, except that any exhibit that cannot be conveniently placed in a volume or envelope must be identified by a tag. Each such volume or envelope must include, on its cover or inside, a descriptive list of exhibits contained therein. Reference must be made to exhibits in the table of contents and at the appropriate place in the record referred to in paragraph (b)(1) of this Rule. The clerk of the trial court may not transmit the following types of exhibits, unless requested to do so by the clerk of this Court: drugs, guns and other weapons, ammunition, blood vials and other bio-hazard type materials, money, jewelry, articles of clothing, and bulky items such as large graphs and maps. The omission of any such exhibit must be noted on the descriptive list of exhibits. Upon motion by counsel, this Court may order the trial court to transmit any of these prohibited exhibits.
(5) Any transcript or statement of facts that the clerk of the trial court deems not a part of the record because of untimely filing must be certified as such and transmitted with the record.
(c)Transmission. - The clerk of the trial court must retain the record for 21 days after the notice of appeal has been filed with that court pursuant to Rule 5A:6. If the notice of appeal states that a transcript or statement will thereafter be filed, the clerk of the trial court must retain the record for 21 days after the filing in that clerk's office of such transcript or statement or, if objection is made to the transcript or statement pursuant to Rule 5A:8 (d), the clerk of the trial court must retain the record for five days after the objection is acted upon by the trial judge. The clerk of the trial court must then forthwith transmit the record to the clerk of this Court; provided, however, that, notwithstanding that the foregoing periods of retention may not have expired, the clerk of the trial court must transmit the record sooner if requested in writing by counsel for all parties to the appeal and must, whether or not so requested, transmit the record in time for delivery to the clerk of this Court within three months after entry of the judgment appealed from. The failure of the clerk of the trial court to transmit the record as herein provided will not be a ground for dismissal of the appeal by this Court.
(d)Notice of Filing.- The clerk of this Court must promptly notify all counsel of the date on which the record is filed in the office of the clerk of this Court. In criminal cases in which the Commonwealth is the named appellee, such notification will be sent to the attorney for the Commonwealth who prosecuted the case and also to the Office of the Attorney General at oagcriminallitigation@oag.state.va.us.
(e)Disposition of Record. When the mandate is issued by this Court, the clerk of this Court must return the record to the clerk of the trial court. The record must be returned by that clerk upon the request of the clerk of this Court.

Va. Sup. Ct. 5A:10

Amended by order dated April 30, 2010, effective 7/1/2010; amended by order dated April 10, 2015, effective 7/1/2015; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021; amended by order dated April 1, 2021, effective 6/1/2021; amended by order dated June 21, 2024, effective 8/20/2024.