8.01-673 - Inspection and return of records; certiorari when part of record is omitted; binding or retention of records.
§ 8.01-673. Inspection and return of records; certiorari when part of recordis omitted; binding or retention of records.
A. The Supreme Court may, when a case has before been in an appellate court,inspect the record upon the former appeal; and the court may, in any case,after reasonable notice to counsel in the appellate court, award a writ ofcertiorari to the clerk of the court below, and have brought before it, whenpart of a record is omitted, the whole or any part of such record.
B. When an appeal is refused or after it has been allowed and decided, theClerk of the Supreme Court shall return the record to the clerk of thecircuit court or other tribunal. The clerk of such court or tribunal shallreturn the record upon the request of the Clerk of the Supreme Court. As soonas a case is decided, the Clerk of the Supreme Court shall cause the appendixand the briefs of counsel to be recorded and preserved in any manner whichmeets archival standards as recommended by the Archives and Records Divisionof The Library of Virginia.
The manuscript of the record in a case in which an opinion was deliveredprior to 1950 by the Supreme Court upon refusal of an appeal shall not bedestroyed and shall be retained by the clerk of such court in his files.
(Code 1950, §§ 8-473, 8-501; 1974, c. 532; 1977, cc. 449, 617; 1984, c. 703;1988, c. 324; 1994, c. 64.)