Rule 5:41. Appeal of Orders Relating to Quarantine or Isolation of Persons

(a) Quarantine Related Code Provisions. — In proceedings involving circuit court orders of quarantine of a person or persons pursuant to Article 3.02 of Chapter 2 of Title 32.1 of the Code of Virginia, the provisions of Code § 32.1-48.010 apply with respect to appealability of such orders, the effect of an appeal upon any order of quarantine, availability of expedited review, stay of quarantine orders, and representation by counsel.

(b) Isolation Order Code Provisions. — In proceedings involving circuit court orders of isolation of a person or persons pursuant to Article 3.02 of Chapter 2 of Title 32.1 of the Code of Virginia, the provisions of Code § 32.1-48.013 apply with respect to appealability of such orders, the effect of an appeal upon any order of isolation, availability of expedited review, stay of isolation orders, and representation by counsel.

(c) Transmission of Record . — In all appeals under this rule, the clerk of the Court of Appeals must transmit the record to the Clerk of the Supreme Court immediately upon the filing of the notice of appeal.

(d) Expedited Procedures . — Unless otherwise ordered by the Court, after the filing of the petition for appeal under this Rule, 48 hours should be allowed for the filing of the brief in opposition. However, the Court may employ the expedited review provision in Rule 5:18(c). The Court will act upon the petition within 72 hours of its filing. Should the Court grant a writ, the Court may, in its discretion, permit oral argument within 48 hours of granting the writ. The Court will issue an order within 24 hours of the argument or of its review of the case without oral argument. The Court has the authority to alter these time frames in any case.

(e) Oral Argument . — The Court must hold any oral argument in appeals under this rule in a manner so as to protect the health and safety of individuals subject to any such order or quarantine or isolation, court personnel, counsel, and the general public. To this end, the Court may take measures including, but not limited to, ordering any oral argument to be held by telephone or video conference or ordering those present to take appropriate precautions, including wearing personal protective equipment. If necessary, the Court may dispense with oral argument.

Committee Notes

Last amended by Order dated November 1, 2021; effective January 1, 2022. APPENDIX OF FORMS. Notes: 1. Each of the Part Five Forms 1 through 8 should be used in conjunction with the Form for Execution and Acknowledgment of All Bonds, set forth as Form 9. 2. As provided in Code §§ 1-205 and 8.01-676.1(S), if the party required to post an appeal or suspending bond tenders such bond together with cash in the full amount required, no surety is required. Adopted by Order dated February 15, 2017; effective May 1, 2017. Last amended by Order dated November 23, 2020; effective March 1, 2021. APPENDIX OF FORMS Form 1. Bond for Costs Alone — Appeal of Right From Circuit Court to Court of Appeals (including further appeal to the Supreme Court). (Circuit Court case caption) Plaintiff/Petitioner ) v. ) No. _________ Defendant/Respondent ) The Appellant(s), _______________, having appealed from a judgment of this Court rendered on ___________, 2, we _______________, as principal and _______________, as surety, bind ourselves, our heirs, successors, personal representatives and assigns, jointly and severally, to Appellee(s), _______________, in the sum of $ , to satisfy all damages, costs, and fees that may be awarded against (him) (her) (them) (it) in the Court of Appeals and in the Supreme Court, if it takes cognizance of the claim. Adopted by Order dated February 15, 2017; effective May 1, 2017. APPENDIX OF FORMS Form 2. Bond for Costs and Suspension — Appeal From Circuit Court to Appellate Court. (Circuit Court case caption) Plaintiff/Petitioner ) v. ) No. _________ Defendant/Respondent ) The Appellant(s), _______________, (intending to appeal) (having appealed from) a judgment of this Court rendered on _______, 2, we _______________, as principal and _______________, as surety, bind ourselves, our heirs, successors, personal representatives and assigns, jointly and severally, to Appellee(s), _______________, in the sum of $ , to perform and satisfy the judgment, or such portion of the judgment as may be affirmed in whole or in part, or if the appeal is dismissed, refused, or not timely prosecuted, and to pay all damages, costs, and fees that may be awarded against (him) (her) (them) (it) in the (Court of Appeals and in the Supreme Court, if it takes cognizance of the claim) (Supreme Court). Adopted by Order dated February 15, 2017; effective May 1, 2017. APPENDIX OF FORMS Form 3. Bond for Costs Alone Required by Appellate Court on Appeal From Circuit Court. (Circuit Court case caption) Plaintiff/Petitioner ) v. ) No. _________ Defendant/Respondent ) The Appellant(s), _______________, appealed from a judgment of this Court rendered on _______, 2, and the (Supreme Court of Virginia) (Court of Appeals of Virginia), on __________, 2, awarded an appeal from the judgment on the condition that Appellant(s), or someone on Appellant's/Appellants' behalf, file an appeal bond with sufficient security in the clerk's office of this Court in the penalty of within fifteen (15) days of the date of the certificate of appeal, with condition as the law directs. Accordingly, we , as principal and , as surety, bind ourselves, our heirs, successors, personal representatives and assigns, jointly and severally, to Appellee(s), , in the sum of $ , to pay all damages, costs, and fees that may be awarded against (him) (her) (them) (it) in the (Court of Appeals and Supreme Court, if it takes cognizance of the claim) (Supreme Court). Adopted by Order dated February 15, 2017; effective May 1, 2017. APPENDIX OF FORMS Form 4. Bond for Suspension Alone Required by Appellate Court on Appeal From Circuit Court. (Circuit Court case caption) Plaintiff/Petitioner ) v. ) No. _________ Defendant/Respondent ) The Appellant(s), _______________, appealed from a judgment of this Court rendered on _______, 2, and (the Supreme Court of Virginia) (Court of Appeals of Virginia), on __________, 2, suspended execution of the judgment on the condition that _______________, or someone on (his) (her) (their) (its) behalf, file an appeal bond with sufficient security in the clerk's office of this Circuit Court, in the penalty of $ , within fifteen (15) days of the date of the certificate of appeal, with condition as the law directs. Accordingly, we , as principal and , as surety, bind ourselves, our heirs, successors, personal representatives and assigns, jointly and severally, to Appellee(s), , in the sum of $ , to perform and satisfy the judgment or such portion of the judgment as may be affirmed in whole or in part, and to pay all actual damages incurred in consequence of the suspension. Adopted by Order dated February 15, 2017; effective May 1, 2017. APPENDIX OF FORMS Form 5. Bond for Costs and Suspension Required by Appellate Court on Appeal From Circuit Court. (Circuit Court case caption) Plaintiff/Petitioner ) v. ) No. _________ Defendant/Respondent ) The Appellant(s), _______________, appealed from a judgment of this Court rendered on _______, 2, and (the Supreme Court of Virginia) (Court of Appeals of Virginia), on __________, 2, awarded an appeal (and suspension) from the judgment on the condition that Appellant(s), or someone on Appellant's/Appellants' behalf, file a bond with sufficient security in the clerk's office of this Court in the penalty of $ within fifteen (15) days of the date of the certificate of appeal, with condition as the law directs. Accordingly, we _______________, as principal and , as surety, bind ourselves, our heirs, successors, personal representatives and assigns, jointly and severally, to Appellee(s), , in the sum of $ , to pay all damages, costs, and fees that may be awarded against (him) (her) (them) (it) in the (Court of Appeals and Supreme Court, if it takes cognizance of the claim) (Supreme Court), and all actual damages incurred in consequence of the suspension. Adopted by Order dated February 15, 2017; effective May 1, 2017. APPENDIX OF FORMS Form 6. Additional Bond Required by Appellate Court on Appeal From Circuit Court. (Circuit Court case caption) Plaintiff/Petitioner ) v. ) No. _________ Defendant/Respondent ) The Appellant(s), _______________, appealed from a judgment of this Court rendered on _______, 2, and (the Supreme Court of Virginia) (Court of Appeals of Virginia), on __________, 2, required an additional bond to be filed in the clerk's office of this Court in the penalty of $ , and with the following additional requirements: , within fifteen (15) days of the date of that order, with condition as the law directs. Accordingly, we , as principal and , as surety, bind ourselves, our heirs, successors, personal representatives and assigns, jointly and severally, to Appellee(s), , in the sum of $ , to perform and satisfy the judgment or such portion of the judgment as may be affirmed in whole or in part, and to pay all actual damages incurred in consequence of the suspension. Adopted by Order dated February 15, 2017; effective May 1, 2017. APPENDIX OF FORMS Form 7. Bond for Costs Alone — Required by Supreme Court on Appeal of Right From State Corporation Commission. (State Corporation Commission caption) Petitioner ) v. ) No. _________ Respondent ) The Appellant(s), _______________, appealed from a final order of this Commission entered on _______, 2, and the Supreme Court of Virginia, on __________, 2, awarded an appeal on the condition that Appellant(s), or someone on Appellant's/Appellants' behalf, file an appeal bond with sufficient security in the clerk's office of this Commission, in the penalty of $ within fifteen (15) days of the date of the certificate of appeal, with condition as the law directs. Accordingly, we , as principal and , as surety, bind ourselves, our heirs, successors, personal representatives and assigns, jointly and severally, to Appellee(s), _______________, in the sum of $ , to pay all damages, costs, and fees that may be awarded against (him) (her) (them) (it) in the Supreme Court. Adopted by Order dated February 15, 2017; effective May 1, 2017. APPENDIX OF FORMS Form 8. Bond for Costs and Suspension — Required by Supreme Court on Appeal of Right From State Corporation Commission. (State Corporation Commission caption) Petitioner ) v. ) No. _________ Respondent ) The Appellant(s), _______________, appealed from a final order of this Commission entered on _______, 2, and the Supreme Court of Virginia, on __________, 2, awarded an appeal on the condition that Appellant(s), or someone on Appellant's/Appellants' behalf, file an appeal bond with sufficient security in the clerk's office of this Commission, in the penalty of $ within fifteen (15) days of the date of the certificate of appeal, with condition as the law directs. Accordingly, we , as principal and , as surety, bind ourselves, our heirs, successors, personal representatives and assigns, jointly and severally, to Appellee(s), _______________, in the sum of $ , to perform and satisfy the Commission's order or the portion on which proceedings are stayed, in case such order or such part be affirmed in whole or in part, and to pay all damages, costs, and fees that may be awarded against (him) (her) (them) (it) in the Supreme Court. Adopted by Order dated February 15, 2017; effective May 1, 2017. APPENDIX OF FORMS Form 9. Form for Execution and Acknowledgment of All Bonds. _____________________, as principal, and _______________________, as surety, hereby execute this instrument with our signatures and our seals. Executed on: ______________ _____________________________ Principal _____________________________ Address (SEAL) Commonwealth of Virginia City/County of The foregoing instrument was acknowledged before me on ________, 2, by . Notary Public My commission expires: Adopted by Order dated February 15, 2017; effective May 1, 2017. APPENDIX OF FORMS Form 10. Irrevocable Letters of Credit. (Name and Address of Bank) , 20 U.S. $ On all communications please refer to (No. of Letter of Credit) (Name and address of appellee(s)) Dear ______________: We hereby establish our Irrevocable Letter of Credit No. ____________ in your favor, for the account of (name and address of appellant(s)), and hereby undertake to honor your draft at sight on us, not exceeding in the aggregate U.S. $ (amount in words) .

A draft drawn under this letter of credit must be marked "Drawn under (Name of Bank) Letter of Credit No. ________________ dated __________, 20." Funds under this letter of credit will be available to you in a single drawing by presentation of your sight draft drawn on us, accompanied by: (For Costs Alone) 1. The original of this letter of credit. 2. Your verified statement that (appellant(s) (has)(have) failed to pay all damages, costs and fees assessed against (him)(her)(them)(it) in the Supreme Court of Virginia in the case of __________________________________ 3.

A certified copy of an order or itemized statement of costs from the Supreme Court assessing such damages, costs and fees against (appellant(s) . (For Suspension Alone) 1. The original of this letter of credit. 2. Your verified statement that (appellant(s) (has)(have) failed to perform and satisfy the judgment rendered against (him)(her)(them)(it) on ________________________ by the Circuit Court of ________________________ in the case of ______________________________, and (has)(have) failed to pay all actual damages incurred in consequence of the suspension of judgment. 3.

A copy of the trial court judgment order, attested by its clerk. 4.

A copy of an order of the Supreme Court of Virginia, attested by its clerk, affirming the judgment or refusing, dismissing or allowing withdrawal of the appeal of the judgment, or certification by the clerk of the Supreme Court that the appeal of the judgment was not prosecuted timely. 5.

A copy of an order, if any, of the Supreme Court or trial court, attested by the clerk, assessing actual damages in consequence of the suspension of judgment. (For Costs and Suspension) 1. The original of this letter of credit. 2. Your verified statement that (appellant(s) (has)(have) failed to perform and satisfy the judgment rendered against (him)(her)(them)(it) on ________________________ by the Circuit Court of ________________________ in the case of ______________________________, and (has)(have) failed to pay all damages, costs and fees assessed against (him)(her)(them)(it) in the Supreme Court of Virginia, and all actual damages incurred in consequence of the suspension of judgment. 3.

A copy of the trial court judgment order, attested by its clerk. 4.

A copy of an order of the Supreme Court, attested by its clerk, affirming the judgment or refusing, dismissing or allowing withdrawal of the appeal of the judgment, or certification by the clerk of the Supreme Court that the appeal of the judgment was not prosecuted timely. 5.

A copy of an order, if any, of the Supreme Court, attested by its clerk, assessing damages, costs and fees against (appellant(s)) . 6.

A copy of an order, if any, of the Supreme Court or trial court, attested by the clerk, assessing actual damages in consequence of the suspension of judgment. This letter of credit is valid until ____ p.m. local time ____, 20, and a draft drawn hereunder, if accompanied by documents as specified above, will be honored if presented to (Presentation Address of Bank) on or before that date. However, this letter of credit automatically will be renewed for successive one (1) year periods from the initial expiration date or any renewal period expiration date hereunder, unless at least sixty (60) days prior to any such expiration date (Name of Bank) notifies you that it has elected not to renew this letter of credit for such additional one (1) year period. The notice required hereunder will be deemed to have been given when received by you. In the event that (Name of Bank) elects not to renew this letter of credit as required above, the full amount of this letter of credit is payable to the Clerk of the Circuit Court of ______________ upon presentation of your verified statement that: 1.

A final order of the Supreme Court of Virginia has not been entered in the case of ________________________________________ (or, where there has been suspension of judgment, a final order has not been entered by the Supreme Court or trial court assessing actual damages in consequence of the suspension). 2. Thirty (30) days have elapsed since notice of non-renewal was given and appellant(s) (has)(have) not filed acceptable substitute security. In the event of non-renewal, within fifteen (15) days after payment to the clerk under the previous paragraph, the appellant(s) or someone for (him)(her)(them)(it) must file with the clerk of the trial court an appeal bond in substantial conformance with the Virginia. The bond must be in the penalty of the amount paid to the clerk under this letter of credit, and the funds are in lieu of surety, but in no event will we have any liability or responsibility for failure of the appellant(s) (or someone acting on (appellant's) (appellants') behalf) to file such bond. Partial drawings are not permitted under this letter of credit. Except as otherwise expressly stated above, this letter of credit is subject to the International Standby Practices 1998 (ISP98) (International Chamber of Commerce Publication No. 590) and, to the extent consistent with ISP98 and the express provisions above, the provisions of Title 8.5A of the Code of Virginia governing letters of credit. Very truly yours, Bank By__ Authorized Signature Last amended by Order dated November 1, 2021; effective January 1, 2022. APPENDIX OF FORMS Form 11. Petition for a Writ of Actual Innocence. PETITION FOR A WRIT OF ACTUAL INNOCENCE In re: _____________________________________________ Record No. ___________________________________________________ (FULL NAME OF PETITIONER) (TO BE SUPPLIED BY THE CLERK OF THE SUPREME COURT) Circuit Court ___________________________________________________ Case No.(s) ___________________________________________________ (PRISONER NO., IF APPLICABLE) ___________________________________________________ ___________________________________________________ (PETITIONER'S ADDRESS) ___________________________________________________ ___________________________________________________ ___________________________________________________ Pursuant to the provisions of Chapter 19.2 of Title 19.2 of the Code of Virginia, I, ____________________________________________________________________________________________ NAME OF PETITIONER hereby petition this Court for a writ of actual innocence. In support of this petition, I state under oath that the following information is true: 1. On ___________________________________, I was convicted in the DATE ______________________________Circuit Court of the following offense(s): NAME OF COURT Description of Offense Virginia Code Plea ________________________ __________________ _____________________ ________________________ __________________ _____________________ ________________________ __________________ _____________________ [ ] ATTACHED ADDITIONAL SHEET(S) 2.

I am innocent of the crime(s) for which I was convicted. 3. My claim of innocence is based upon the following human biological evidence and scientific testing: ________________________________________________________________ ________________________________________________________________ [ ] ATTACHED ADDITIONAL SHEET(S) 4. Check one: [ ] This evidence was not known or available to either me or my attorney at the time the conviction became final in the circuit court. [ ] This evidence was known at the time the conviction became final in the circuit court, but was not tested because ________________________________________________________________ [ ] ATTACHED ADDITIONAL SHEET(S) 5. This evidence was tested pursuant to the provisions of Virginia Code § 19.2- 327.1 and the results were obtained by me or my attorney on________________. DATE This petition is filed within sixty days of obtaining those results and those test results are filed with this petition. Attached is a copy of the notice of the test results. 6. The scientific evidence described in paragraph number 4 above will prove that no rational trier of fact would have found me to be guilty beyond a reasonable doubt of the charge described above because ________________________________________________________________ ________________________________________________________________ [ ] ATTACHED ADDITIONAL SHEET(S) 7. Check box if applicable and provide any additional information. [ ] My conviction became final after June 30, 1996, and the scientific evidence described in paragraph number 4 above was not available for testing under Virginia Code § 9.1-1104 because ________________________________________________________________ ________________________________________________________________ [ ] ATTACHED ADDITIONAL SHEET(S) This petition contains all relevant allegations of fact known to me at this time and all previous records, applications, petitions, appeals, and dispositions relating to this matter are attached. In support of this petition, the following documents are attached: _______________________________________________________________ _______________________________________________________________ [ ] ATTACHED ADDITIONAL SHEET(S) 8.

I understand that this petition must contain all relevant allegations of fact that are known to me at this time.

I understand that it must include all previous records, applications, petitions, appeals, and their dispositions related to this conviction, as well as a copy of any test results of the scientific evidence described above.

I understand that if this petition is not complete, this Court may dismiss the petition or return the petition to me pending the completion of such form.

I understand that I am responsible for all statements contained in this petition.

I understand that any knowingly or willfully made false statement is a ground for prosecution and conviction of perjury as provided in Virginia Code § 18.2-434.

I understand that this Court will not accept this petition unless it is accompanied by a duly executed return of service verifying that a copy of this petition and all attachments have been served on the attorney for the Commonwealth of the jurisdiction where the conviction occurred and on the Attorney General of Virginia. 9. Check box if claiming in forma pauperis status and seeking to file this petition without payment of fees. [ ] I claim in forma pauperis status and I request that this Court accept this petition without the payment of filing fees.

I affirm under oath that I am eligible for in forma pauperis status and I have attached the completed affidavit to this effect. Based on the above, I petition this Court pursuant to the provisions of Chapter 19.2 of Title 19.2 of the Code of Virginia for a writ of actual innocence. ___________________________________ _________________________________ DATE SIGNATURE OF PETITIONER FOR NOTARY PUBLIC'S USE ONLY: State of .................................................... [ ] City [ ] County of .......................................................... Acknowledged, subscribed and sworn to before me this ............. day of ........................................ , 20 ............ ............................................................ ________________________________________________________ NOTARY REGISTRATION NUMBER NOTARY PUBLIC (My commission expires: ..................................... ) AFFIDAVIT IN FORMA PAUPERIS The petitioner, ________________________________________ , being duly sworn, says, 1.

I am unable to pay for counsel to prosecute this action; 2. My assets amount to a total of $ ______________________________________________ ___________________________________ ___________________________________ DATE SIGNATURE OF PETITIONER Last amended by Order dated May 26, 2023; effective immediately. FOR NOTARY PUBLIC'S USE ONLY: State of .................................................... [ ] City [ ] County of .......................................................... Acknowledged, subscribed and sworn to before me this ............. day of ........................................ , 20 ............ ............................................................ _________________________________________________________ NOTARY REGISTRATION NUMBER NOTARY PUBLIC (My commission expires: ..................................... )