A judgment, order, conviction, or decree of a circuit court or award of the Virginia Workers’ Compensation Commission may be affirmed, or it may be reversed, modified, or set aside by the Court of Appeals for errors appearing in the record. If the decision of the Court of Appeals is to reverse and remand the case for a new trial, any party aggrieved by the granting of the new trial may accept the remand or proceed to petition for appeal in the Supreme Court pursuant to § 17.1-411.

Terms Used In Virginia Code 17.1-412

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

1983, c. 413, § 17-116.09; 1984, c. 701; 1998, c. 872.

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