Appeal Filed

[HelpingHands]

Appeal was filed. An Attorney's name is listed, however the court's clerk didn't CC: a copy to an attorney, so I believe there is no attorney actually retained currently. The circuit clerk CC'd the parties and the GAL inthe case only.

The Appellant's mother filled out the paperwork and had the appellant sign it.

The GAL still represents the Child in the case.

Case is in VA, Child now resides and attends school in TN. Court hearing to set trial date isn't until Mid October.  Child will already have established school schedule, adapted to routines, etc.

1. The paper simply states :

I, the undersigned, note my appeal of the final dispositional order of this court to the cicuit court of this county or city. (custody and visitation are checked)

My case is scheduled to be called for setting of trial date on  X October, 2006 @ am.
  I promise to appear before the circuit court of this jurisdiction at the date and time shown. To the best of my knowledge, I expect the time requirements for this hearing to be ...... (nothing filled in) hours.
signed by the appellent.
attorney for appellee:  hand written  attorneys name.

Q: Is this just to determine whether the case is appeal worthy or is it definitely going to be set for trial on THAT day? Will there be evidence heard on THAT day?

2.With the GAL's reccomendation to the court to reverse custody(as it is), the mother's damaging testimony and the child's estabilshed routines out of state, what's the likelihood the judge would reverse the decision and continue with the appeals process?

3. Reading Virginia's law, I am confused. It appears that the law allows for a whole new trial on appeal, from the beginning as if brand new evidence. Is that correct interpretation of the law? If not, please explain.

4. If it's going to be a brand new trial, I will assume we will need to reintroduce evidence, correct? Also, can you introduce new witnesses as well?

5. Can we submit additional information that has happened SINCE the last court hearing, such as additional contempt(not releasing child as the judge ordered, not giving child her belongings, etc)?

6. How do you get a transcript of the original hearing without an attorney?

Thank you :)

[socrateaser]

>Q: Is this just to determine whether the case is appeal worthy
>or is it definitely going to be set for trial on THAT day?
>Will there be evidence heard on THAT day?

No, it's just a pretrial conference with the judge to clarify the issues for trial and set a date (also, the judge will encourage you both to settle).

>
>2.With the GAL's reccomendation to the court to reverse
>custody(as it is), the mother's damaging testimony and the
>child's estabilshed routines out of state, what's the
>likelihood the judge would reverse the decision and continue
>with the appeals process?

This is not an appeal, however, I'd say the chances are very low.

>
>3. Reading Virginia's law, I am confused. It appears that the
>law allows for a whole new trial on appeal, from the beginning
>as if brand new evidence. Is that correct interpretation of
>the law? If not, please explain.

This is not an appeal. VA has two different trial court systems -- a very unusual legal system. A person can file in District court and then get a second bite at the apple, in the circuit court. But, it's not an appeal, because on an appeal there is no trial de novo (new trial).

>
>4. If it's going to be a brand new trial, I will assume we
>will need to reintroduce evidence, correct? Also, can you
>introduce new witnesses as well?

If this is a genuine trial de novo, then the prior judgment will not be considered, however you should be able to use transcripts of the prior trial testimony to avoid reexamining witnesses (unless you want to reexamine them).

>
>5. Can we submit additional information that has happened
>SINCE the last court hearing, such as additional contempt(not
>releasing child as the judge ordered, not giving child her
>belongings, etc)?

Yes.

>
>6. How do you get a transcript of the original hearing without
>an attorney?

Call the court recorders office and ask them for a transcript. They will tell you how much.


>
>Thank you :)

[HelpingHands]

1. Under what circumstances does the judge have to move forward and allow the trial to occur if the parties do not settle(settle would imply taking the child out of school and giving the child back to the mother, otherwise mother will not settle)?

2. Was informed the Juvenile Domestic Court does NOT do transcripts during custody trials(there was no court reporter present during the trial). What type of record keeping does the court keep for what was said and done DURING said trial then?

3. Since there are no transcripts,will all witness testimony(and physical evidence) need to be given again?

4. The GAL made an ORAL report to the court regarding the child and the custody reversal. Since this is now going to be up for 'appeal' will the GAL's oral report now be null, or will the GAL need to submit a written report to suppliment the ORAL report to be included in the child's permanent file?

 

[socrateaser]

>1. Under what circumstances does the judge have to move
>forward and allow the trial to occur if the parties do not
>settle(settle would imply taking the child out of school and
>giving the child back to the mother, otherwise mother will not
>settle)?

I don't know specifics of VA civil procedure (if I did, I would have remembered the multi-level trial court system, the first time you asked -- sorry). This question will likely require you to find a VA attorney.

>
>2. Was informed the Juvenile Domestic Court does NOT do
>transcripts during custody trials(there was no court reporter
>present during the trial). What type of record keeping does
>the court keep for what was said and done DURING said trial
>then?

There may be a minute order made by the clerk, and of course there is the actual judgment, which may contain findings of facts and conclusions of law. If not, then you are entitled to testify to what you heard, and you could subpoena the lawyers, but that's about it.

>3. Since there are no transcripts,will all witness
>testimony(and physical evidence) need to be given again?

Probably so.

>
>4. The GAL made an ORAL report to the court regarding the
>child and the custody reversal. Since this is now going to be
>up for 'appeal' will the GAL's oral report now be null, or
>will the GAL need to submit a written report to suppliment the
>ORAL report to be included in the child's permanent file?

GAL will need to testify again.

[HelpingHands]

Thank you.