Rule 5A:32 Scope

If you lose a case in the Virginia Court of Appeals, you may have the right to ask the court to reconsider its decision. However, that right does not apply in every situation.

Two types of cases have no option for rehearing. The first is when the court refuses to hear a discretionary appeal, meaning the court chose not to take your case in the first place. The second is when the Commonwealth files a pretrial appeal under Virginia Code 19.2-398, which allows prosecutors to appeal certain rulings before a trial begins. In both situations, the court's decision is final and cannot be challenged through a rehearing request.