DC-475 Form PDF Details

The DC-475 form serves as a crucial step for litigants in Virginia seeking to challenge a decision made by either the General District Court or the Juvenile and Domestic Relations District Court. Officially titled "NOTICE OF APPEAL – CIVIL," this document must be filed by those wishing to escalate their case to the circuit court level within the specified jurisdiction of Virginia cities or counties. It encapsulates a variety of legal aspects, including but not limited to, the appeal process requirements, financial obligations such as writ tax, costs, and fees for service of process, and the stipulations for posting an appeal bond or providing proof of liability insurance. Additionally, the form highlights the significance of adhering to strict deadlines to ensure the appeal is considered valid or "perfected", as well as maintaining the original court's order in effect until potentially overruled by the circuit court. Completing this form accurately and adhering to its guidelines is essential for appellants to successfully navigate the complexities of the appeals process, ensuring they comprehend the potential outcomes and obligations entailed in seeking a reevaluation of their case's judgment.

QuestionAnswer
Form Name DC-475 Form
Form Length 1 pages
Fillable? No
Fillable fields 0
Avg. time to fill out 15 sec
Other names virginia notice of appeal form, virginia form dc 475, virginia notice of appeal, virgirgina depastment of taxation appeal form

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NOTICE OF APPEAL – CIVIL

Commonwealth of Virginia VA. CODE §§ 16.1-106, 16.1-106.1, 16.1-107, 16.1-113, 16.1-298

[ ] General District Court

.............................................................................................................................. [ ] Juvenile and Domestic Relations District Court

CITY OR COUNTY

..............................................................................................................................

DATE OF FINAL ORDER

I, the undersigned, note my appeal of the judgment of this court to the circuit court of this city or county.

My appeal is scheduled to be called for [ ] trial [ ] setting of trial date on

................................................................................................................................................... in the circuit court, which is located at

DATE AND TIME OF APPEARANCE

........................................................................................................................................................................................................................................................

STREET ADDRESS OF CIRCUIT COURT

TELEPHONE NUMBER

[] I understand that I must contact the circuit court clerk’s office for instructions for setting the trial date.

I understand that within 30 days, or within 10 days in an unlawful detainer case (except within 30 days in an unlawful detainer case against an indigent former owner based upon a foreclosure), of the entry of judgment, I must deliver to the Clerk of this Court:

1.

$

for circuit court writ tax, costs, and fees for service of process, if applicable.

and

 

 

2.

(a)

$

appeal bond with sufficient surety approved by the Judge or Clerk of this Court, cash deposit, bank check,

 

 

or by draft from the escrow account of my attorney. The appeal bond must be written to indemnify the party in whose favor

 

 

a judgment was rendered in this Court in the event that such party is awarded a judgment on appeal in circuit court.

 

or

 

 

(b)A written irrevocable confirmation of liability insurance coverage in an amount sufficient to satisfy the judgment from my insurer.

or

(c) An order by the court finding that I am indigent for the purpose of appeal pursuant to Virginia Code § 16.1-107.

I also understand that I must pay the writ tax and costs if applicable and post the appeal bond within the applicable time period of the entry of judgment for the appeal in my case to be complete (“perfected”), and that my failure to do so within the applicable time period will result in the loss of my appeal rights. I further understand that the order or judgment which I am appealing remains in full force and effect if it involves a protective order, continuing programs pursuant to Virginia Code § 16.1-289.1 or other proceedings specified by law, until changed or annulled by the circuit court.

..............................................................._________________________________________________________________

DATE APPEAL NOTEDAPPELLANT: [ ] PLAINTIFF/PETITIONER [ ] DEFENDANT/RESPONDENT

by ______________________________________________________________

ATTORNEY FOR APPELLANT

NOTICE: Promptly communicate with the clerk of the circuit court of this jurisdiction concerning the subpoenaing of witnesses and, in an appeal of a final civil judgment, any need for interpreters, and if you wish to request a jury trial. Failure to appear in the circuit court at the designated date and time may result in the dismissal of your appeal.

WITHDRAWAL OF APPEAL: If this appeal is withdrawn within ten (10) days after entry of the judgment or order when no appeal bond or costs are required to perfect the appeal, or before being “perfected” by posting required appeal bond or paying required costs, no additional costs will be taxed against you. After ten (10) days or after the appeal is “perfected” by posting the required appeal bond or paying required costs, in accordance with § 16.1-106.1, any withdrawal of the appeal must occur in Circuit Court. Upon withdrawal of the appeal in Circuit Court, additional costs will be incurred and any cash bond posted to perfect the appeal may be disbursed.

CASE NO.

NOTICE OF APPEAL

.......................................................................................................

PLAINTIFF/PETITIONER NAME (LAST, FIRST, MIDDLE)

.......................................................................................................

.......................................................................................................

V.

.......................................................................................................

DEFENDANT/RESPONDENT NAME (LAST, FIRST, MIDDLE)

.......................................................................................................

.......................................................................................................

JUDGMENT DATE:

.......................................................................................................

PLAINTIFF’S/PETITIONER’S ATTORNEY

[] Same as on Attached

.......................................................................................................

.......................................................................................................

.......................................................................................................

DEFENDANT’S/RESPONDENT’S ATTORNEY

[] Same as on Attached

.......................................................................................................

.......................................................................................................

.......................................................................................................

WITHDRAWAL

I, the undersigned, withdraw my appeal in this

case

...........................................................................................

DATE

_____________________________________________

APPELLANT

by __________________________________________

ATTORNEY FOR APPELLANT

FORM DC-475 REVISED 07/11

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