Va. R. Sup. Ct. 5A:21

As amended through April 19, 2024

Rule 5A:21 - Requirements for Brief of Appellee or Guardian Ad Litem

The brief of appellee or the brief of the guardian ad litem must contain:

(a) A table of contents and table of authorities with cases alphabetically arranged. Citations of all authorities must include the year thereof.

(b) A statement of the case if the appellee disagrees with the statement presented by the appellant and a statement of any additional assignments of error the appellee wishes to present with a clear and exact reference to the page(s) of the record or appendix where each additional assignment of error was preserved in the trial court.

(c) A statement of the facts necessary to correct or amplify the statement in the brief of appellant with appropriate references to the pages of the record or appendix. The testimony of individual witnesses should not be summarized seriatim unless the facts are in dispute and such a summary is necessary to support the appellee's version of the facts.

(d) The standard of review and the argument (including principles of law and authorities) relating to each assignment of error. For any additional assignment of error by appellee which was not preserved in the trial court, counsel must state why the good cause and/or ends of justice exceptions to Rule 5A:18 are applicable. With respect to each assignment of error, the standard of review and the argument-including principles of law and the authorities-must be stated in one place and not scattered through the brief. At the option of counsel, the argument may be preceded by a short summary.

(e) With respect to the assignments of cross-error, if any:

(1) A statement of the assignment of cross-error, with a clear and exact reference to the pages of the record or appendix where the alleged cross-error has been preserved.

(2) The standard of review, the argument, and the authorities relating to each assignment of cross-error. With respect to each such assignment of cross-error, the standard of review and the argument-including principles of law and the authorities-must be stated in one place and not scattered through the brief.

(f) A statement of the precise relief sought.

(g) The signature (which need not be in handwriting) of at least one counsel and counsel's Virginia State Bar number, address, telephone number, facsimile number (if any), and email address.

(h) A certificate (which need not be signed in handwriting) stating (1) that it was served on opposing counsel and (2) whether counsel desires to waive oral argument. The certificate must also state the number of words (headings, footnotes, and quotations are included in the page and word limits; the cover page, table of contents, table of authorities, signature blocks, and certificate are not included in the page and word limits). Additionally, any party may waive oral argument without leave of this Court by written notification to the clerk of this Court within 21 days after the date on which the appellee's brief is due to be filed or has been filed.

Va. Sup. Ct. 5A:21

Amended by Order dated June 25, 2004, effective 9/1/2004; amended by order dated June 14, 2005, effective 8/15/2005; 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 November 1, 2021, effective 1/1/2022; amended by order dated November 10, 2022, effective 1/9/2023.