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2016 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 16.1-112 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-112. All papers transmitted to appellate court; further proceedings.
The judge or clerk of any court from which an appeal is taken
under this article shall promptly transmit to the clerk of the appellate court
the case papers, which shall include the original warrant or warrants or
other notices or pleadings with the judgment endorsed thereon, together with
all pleadings, exhibits, and other papers filed in the trial of the case,
the. The required bond, and, if applicable, the money deposited to
secure such bond and the writ tax and costs paid pursuant to § 16.1-107
shall also be submitted, and along with the fees for service
of process of the notice of appeal in the circuit court. Upon agreement
between the chief judge of the general district court and the clerk of the
appellate court, the case papers shall be transmitted to the appellate court by
an electronic method approved by the Executive Secretary of the Supreme Court,
with the exception of any exhibit that cannot be electronically transmitted. In
the jurisdictions where an agreement pursuant to this section is in effect for
the electronic submission of case papers to the appellate court, the appellate
court may transmit the case papers back to the general district court by
electronic submission where the case is to be returned to the general district
court under applicable law. Electronic case papers, whether originating in
electronic form or converted to electronic form, shall constitute the official
record of the case. Such electronic case papers shall also fulfill any
statutory requirement requiring an original, original paper, paper, record,
document, facsimile, memorandum, exhibit, certification, or transcript if such
electronic case papers are in an electronic form approved by the Executive
Secretary of the Supreme Court. Upon receipt of the foregoing by the clerk
of the appellate court, the case shall then be docketed.
When such case has been docketed, the clerk of such appellate
court shall by writing to be served, as provided in §§ 8.01-288, 8.01-293,
8.01-296, and 8.01-325, or by certified mail, with certified delivery
receipt requested, notify the appellee, or by regular mail to his attorney,
that such an appeal has been docketed in his office;, provided,
that upon affidavit by the appellant or his agent in conformity with § 8.01-316
being filed with the clerk, the clerk shall post such notice at the front door
of his courtroom and shall mail a copy thereof to the appellee at his last
known address or place of abode or to his attorney;, and he shall
file a certificate of such posting and mailing with the papers in the case. No
such appeal shall be heard unless it appears that the appellee or his attorney
has had such notice, or that such certificate has been filed, 10 days before
the date fixed for trial, or has in person or by attorney waived such notice.
2. That any clerk who uses private technology systems authorized pursuant to § 17.1-502 may utilize the provisions of § 16.1-112 provided that the electronic method for transmittal to the appellate court complies with the security and data standards established by the Executive Secretary of the Supreme Court of Virginia.
3. That the provisions of this act shall become effective on January 1, 2017.