Motions and Responses; Orders

(a) Motions and Responses. (1) Motions. All motions must be in writing and filed with the clerk of this Court. All motions must contain a statement by the movant that the other parties to the appeal have been informed of the intended filing of the motion. For all motions in cases when all parties are represented by counsel—except motions to dismiss petitions in original jurisdiction proceedings—the statement by the movant must also indicate whether the other parties consent to the granting of the motion, or intend to file responses in opposition. (2) Responses. Opposing counsel may have 10 days after such motion is filed to file with such clerk a response to such motion, but this Court may act before the 10 days expire, if necessary. (3) Oral Argument. No motion will be argued orally except by leave of this Court. (b) Motion for Review of Pre-trial Bail Orders in Criminal Cases. — When a circuit court has granted or denied pre-trial bail or set a bond or terms of recognizance or revoked bail, either party may move this Court to review the order. With the motion for review, the party seeking review must submit copies of: (1) the warrant(s) or indictment(s) in the case; (2) the order granting, denying, or setting bond; and (3) a transcript of the bond hearing or a stipulation between counsel stating the evidence introduced at the bond hearing and the ruling of the circuit court. An order setting or denying bail or setting terms of a bond or recognizance is reviewable for abuse of discretion. (c) Motion for Review of Post-trial Bail Pending Appeal Orders in Criminal Cases. — When a notice of appeal has been filed in a criminal case, an appellant other than the Commonwealth may move this Court to review the trial court’s order d enying bail pending appeal or setting an excessive bail pending appeal. With the motion for review, the appellant must submit copies of: (1) the sentencing order entered by the trial court; (2) a pre-sentence report when available; (3) the trial court’s decision setting or denying bail; and (4) a transcript of the bail hearing or a stipulation between counsel stating the evidence introduced at the bail hearing and the reason the trial court gave for the bail decision. An order setting or denying bail pending appeal in a criminal case is reviewable for abuse of discretion. If this Court overrules a trial court decision denying bail pending appeal, this Court will set the amount of the bail pending appeal or remand the matter to the trial court with directions to set bail pending appeal. (d) Orders. — Promptly after this Court has entered an order, the clerk of this Court must send a copy of the order to all counsel. Promulgated by Order dated Friday, April 30, 2010; effective July 1, 2010. Last amended by Order dated November 1, 2021; effective January 1, 2022. RULES OF THE SUPREME COURT OF VIRGINIA PART FIVE A THE COURT OF APPEALS A. GENERAL