Whether pursuing an appeal or defending against one, appellate procedures are complex and require knowledge of the practices and rules of appeals courts. Our appellate attorneys have the experience, knowledge, and persistence to guide you through the appeals process, whether our team worked on the trial phase or not.

Because the appeals process is so technical, experience in specific courts is important to the success of your case. Our team has experience bringing appeals before the following state and federal courts:

  • Court of Appeals of Virginia
  • Supreme Court of Virginia
  • Courts of Appeal for the Fourth, Fifth, Sixth, and Ninth Federal Circuits
  • U.S. Supreme Court

We also frequently appear as appellate counsel before administrative tribunals, including the Virginia Workers’ Compensation Commission, the Armed Services Board of Contract Appeals, and the Benefits Review Board.

Clients and Industries

We represent clients on appeal in a variety of disputes:

  • Business and commercial transactions
  • Real estate
  • Trusts and estates
  • Construction
  • Government contracting
  • Insurance matters
  • Maritime matters
  • Transportation law matters
  • Workers’ compensation defense cases
  • Professional liability defense

We also provide local counsel and represent non-parties who desire to participate in an appeal in an amicus capacity. We gladly assist trial counsel from other law firms in navigating the taxing and highly technical appeals process.

Recent legislative changes will compound the complexity of the appellate procedure and its many procedural pitfalls. Litigators should consider seeking the advice or involvement of counsel who specializes in Virginia appellate procedure and is familiar with these changes and the relevant rules and procedures. Our firm has been closely following the expansion of the appellate field and evaluating the effects on our practice and clients.

Court of Appeals Virginia

Because of a recent legislative change, appellate practice before the Court of Appeals of Virginia will have more significance for civil litigants. Effective January 2022, new legislation provides a right of appeal in all civil and criminal matters. These appeals will be heard in the Court of Appeals of Virginia. We expect a much higher number of civil trial court rulings to be heard in full on appeal to a higher court.

Supreme Court of Virginia

Even with this notable change, the Supreme Court of Virginia will have continued importance for litigants. After the Court of Appeals rules, litigants may petition the Supreme Court to evaluate the court’s decision. However, the appellate advocacy before the Supreme Court has separate rules and procedures.

United States Court of Appeals for the Fourth Circuit

The Fourth Circuit appellate court handles appeals of federal district court decisions in Virginia, Maryland, West Virginia, North Carolina, and South Carolina. As with Virginia appellate courts, the Fourth Circuit Court of Appeals has its own rules, practices, and procedures, including Local Rules that supplement the Federal Rules of Appellate Procedure.

We are positioned to assist litigants and trial attorneys navigate this complicated process. Contact Nash Bilisoly if you have questions about pursuing or defending an appeal.

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F. Nash Bilisoly

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