Rule 1:1B - Jurisdictional Transfer During Appeal of Final or Partial Final Judgment in Circuit Court(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 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, 8.01623, 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.Adopted by order July 2, 2019, effective 9/1/2019; amended by order dated November 1, 2021, effective 1/1/2022.