Rule 1:1B.Jurisdictional Transfer During Appeal of Final or Partial Final Judgment in Circuit Court.

Part One: General Rules Applicable to All Proceedings · Last amended 2024 · Last verified July 16, 2026

In one sentenceRule 1:1B sets out which court — the circuit court or the appellate court — holds jurisdiction over a case once a party appeals a final or partial final judgment, and it lists the narrow matters a circuit court may still act on while the appeal is pending.

Full Text of Rule 1:1B

Text sizeJump to: (a) (b) (c)

(a) Jurisdiction After Notice of Appeal. — When a final judgment under Rule 1:1(b) or a partial final judgment under Rule 1:2 is appealed from a circuit court to the Court of Appeals or, when allowed by statute, directly to the Supreme Court, the following principles govern the exercise of jurisdiction by the circuit and appellate court:

(1) Effect of Notice. Immediately upon the filing of a notice of appeal the appellate court acquires jurisdiction over the case. After the filing of the notice of appeal, however, the circuit court retains concurrent jurisdiction for the purposes specified in this Rule, including acting upon any of the matters set forth in subparts (a)(3)(A)-(H) of this Rule.

(2) Notice of Appeal Within 21 Days. If a notice of appeal has been filed prior to the expiration of the 21-day period prescribed by Rule 1:1, the circuit court retains plenary, concurrent jurisdiction over the case until the expiration of that period.

(A) If the circuit court vacates the final judgment during this 21-day period, a notice of appeal filed prior to the vacatur order is thereby rendered moot and of no effect. The clerk of the circuit court must forward a copy of the vacatur order to the appropriate appellate court and — if an appeal has been docketed in the matter — upon receipt of the circuit court's vacatur order the appellate court must issue an order dismissing the appeal as moot.

(B) Following a circuit court's vacatur order, a new notice of appeal from the entry of any subsequent final judgment must be timely filed. No new notice of appeal is required, however, for a prior final judgment that was merely suspended or modified, but not vacated. The fact that a prior notice of appeal has been rendered moot by a vacatur order, and that any docketed appeal thereon has been dismissed, has no effect upon proceedings pursuant to a notice of appeal filed after the entry of a subsequent final judgment by the circuit court.

(3) Notice of Appeal Filed After 21 Days. If a notice of appeal has been filed after the expiration of the 21-day period prescribed by Rule 1:1, the circuit court retains limited, concurrent jurisdiction during the pendency of the appeal solely for the purposes of:

(A) addressing motions to grant post-conviction bail during the pendency of an appeal in criminal cases;

(B) addressing motions to stay the judgment pending appeal; (C) addressing motions and objections in civil cases relating to the amount or form of an appeal or suspending bond pursuant to Code § 8.01-676.1; (D) correcting clerical mistakes in a final judgment in accordance with Code § 8.01-428(B), but only with leave of the appellate court; (E) exercising its authority under Code § 19.2-306 to revoke suspended criminal sentences and to pronounce judgment for violations of any terms of suspension, conditions of probation, either or both; (F) addressing motions to enforce a final judgment, including, but not limited to, the exercise of the court's contempt powers; (G) appointing appellate counsel for indigent criminal defendants; or (H) taking any other action authorized by statute or Rule of Court to be undertaken notwithstanding the expiration of the 21-day period prescribed by Rule 1:1, which actions include, but are not limited to, those authorized by Code §§ 8.01-392 to -394, 8.01-428, 8.01-623, 8.01-654(A)(2), 8.01-677, 19.2-303, 20-107.3 (K), 20-108, and 20-109 and Rules 1:1A, 5:10(b), 5:11, 5A:7(b), and 5A:8, so long as the party requesting the action complies with the applicable time limitation in the statute or Rule authorizing such action.

(4) Correcting Clerical Mistakes Before the Filing of a Notice of Appeal. Before a notice of appeal has been filed, the circuit court has plenary authority to correct clerical mistakes in a final judgment during the 21-day period prescribed by Rule 1:1. After the expiration of that 21-day period, and before a notice of appeal has been filed, a circuit court has authority pursuant to Code § 8.01-428(B) to correct clerical mistakes in a final judgment.

(b) Motion to Dismiss in the Appellate Court. — At any time after a notice of appeal has been filed and after the expiration of the 21-day period prescribed by Rule 1:1, any party to an appeal may file a motion in the appellate court to dismiss the appeal. The motion may assert that the appeal has become moot or cannot proceed for some other sufficient reason. The failure to file such a motion, however, does not preclude a party from making such arguments in its appellate briefs. The appellate court may decide the motion based upon the existing record or, in its discretion, issue a temporary remand of the matter to the circuit court for the purpose of making findings of fact regarding factual issues relevant to the motion.

(c) Motion in Appellate Court for Appointment of Counsel. — At any time after a notice of appeal has been filed and after the expiration of the 21-day period prescribed by Rule 1:1, a party legally entitled to appointed counsel may file a motion in the appropriate appellate court for the appointment of appellate counsel. The appellate court may act upon the motion or may, in its discretion, refer the motion to the circuit court for appointment.

End

Plain-English Summary

Rule 1:1B answers a question that comes up the moment a notice of appeal is filed: which court is in charge? Filing the notice immediately gives the appellate court jurisdiction over the case, but the circuit court keeps concurrent jurisdiction for specific purposes the rule spells out. If the notice of appeal is filed before Rule 1:1’s twenty-one-day period runs out, the circuit court keeps full, concurrent authority over the whole case until that period expires. Should the circuit court vacate the judgment during those twenty-one days, any notice of appeal filed before the vacatur becomes moot, the clerk forwards the vacatur order to the appellate court, and the appellate court dismisses the appeal; a new notice of appeal is then needed once a later final judgment is entered, unless the judgment was merely suspended or modified rather than vacated.

Once the twenty-one-day period has run and a notice of appeal is on file, the circuit court’s authority narrows sharply. It may still address post-conviction bail, motions to stay the judgment, disputes over the amount or form of an appeal bond, correction of clerical mistakes with the appellate court’s leave, revocation of suspended criminal sentences, enforcement of the judgment (including contempt), appointment of appellate counsel for indigent defendants, and any other action a statute or rule specifically authorizes despite the expiration of Rule 1:1’s period. Before any notice of appeal is filed, the circuit court has full authority to correct clerical mistakes during the twenty-one-day period, and afterward may still correct them under Code § 8.01-428(B).

The rule also lets any party move in the appellate court, after a notice of appeal is filed and the twenty-one-day period has passed, to dismiss the appeal as moot or for other sufficient reason, and lets a party entitled to appointed counsel move in the appellate court for that appointment. The appellate court may rule on the existing record or remand temporarily for fact-finding.

Frequently Asked Questions

Once I file a notice of appeal, does the circuit court lose all power over the case?

Not immediately, and not entirely. The appellate court gains jurisdiction the moment the notice is filed, but the circuit court keeps concurrent jurisdiction for the specific purposes Rule 1:1B lists, and that authority is broader during Rule 1:1’s twenty-one-day period than after it expires.

What happens if the circuit court vacates the judgment after a notice of appeal has already been filed?

If the vacatur happens within the twenty-one-day period, the earlier notice of appeal becomes moot and the appellate court dismisses any docketed appeal. A new notice of appeal is required once a later final judgment is entered — unless the judgment was only suspended or modified, not vacated, in which case no new notice is needed.

Can the circuit court still act on the case after the twenty-one-day period expires and an appeal is pending?

Only for the limited purposes Rule 1:1B(a)(3) lists, such as post-conviction bail, stay motions, appeal bond disputes, clerical corrections with appellate leave, suspended sentence revocations, enforcing the judgment, appointing appellate counsel, and other actions a statute or rule specifically authorizes.

How do I ask an appellate court to dismiss an appeal as moot?

File a motion in the appellate court under Rule 1:1B(b) any time after a notice of appeal is filed and Rule 1:1’s twenty-one-day period has expired. The appellate court can decide the motion on the existing record or remand the case temporarily for fact-finding.

Who can correct a clerical mistake in a judgment while an appeal is pending?

Before a notice of appeal is filed, the circuit court has full authority to fix clerical mistakes during the twenty-one-day period, and afterward under Code § 8.01-428(B). Once a notice of appeal has been filed after that period, the circuit court may correct clerical mistakes only with leave of the appellate court.

Amendment History

Promulgated by Order dated July 2, 2019; effective September 1, 2019. Last amended by Order dated June 21, 2024; effective August 20, 2024.

Source & verification. Rule text and amendment history are reproduced verbatim from the Rules of Supreme Court of Virginia, published by the Supreme Court of Virginia. Last verified July 16, 2026. · Official source

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