As amended through September 26, 2024
Rule 5A:38 - 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 from which an appeal is taken must transmit the record to the clerk of this Court immediately upon the filing of the notice of appeal.(d)Expedited Procedures.-Unless otherwise ordered by the Court, after the filing of the opening brief under this Rule, 48 hours should be allowed for the filing of the brief of the appellee. 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 will 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.Promulgated by order dated April 10, 2015, effective 7/1/2015; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021; amended by order dated April 1, 2021, effective 6/1/2021; amended by order dated November 1, 2021, effective 1/1/2022.