Va. R. Sup. Ct. 2A:3

As amended through September 26, 2024
Rule 2A:3 - Record on Appeal
(a) If a formal hearing was held before the agency, the appellant must deliver to the agency secretary with his notice of appeal, or within 30 days thereafter, a transcript of the testimony if it was taken down in writing, or if it was not taken down in writing, a statement of the testimony in narrative form. If the agency secretary deems the statement inaccurate, he may append a further statement specifying the inaccuracies.
(b) The agency secretary must prepare and certify the record as soon as possible after the notice of appeal and transcript or statement of testimony is filed and served. Once the court has entered an order overruling any motions, demurrers and other pleas filed by the agency, or if none have been filed within the time provided by Rule 3:8 for the filing of a response to the process served under Rule 2A:4, the agency secretary must, as soon as practicable or within such time as the court may order, transmit the record to the clerk of the court named in the notice of appeal. In the event of multiple appeals in the same proceeding, only one record need be prepared and it must be transmitted to the clerk of the court named in the first notice of appeal filed. If there are multiple appeals to different courts from the same regulation or case decision, all such appeals will be transferred to and heard by the court having jurisdiction that is named in the notice of appeal that is the first to be filed. The agency secretary must notify all parties in writing when the record is transmitted, naming the court to which it is transmitted. Papers filed in any other clerk's office must be forwarded by such clerk to the proper clerk's office.
(c) The record on appeal from an agency proceeding consists of all notices of appeal, any application or petition, all orders or regulations promulgated in the proceeding by the agency, the opinions, the transcript or statement of the testimony filed by appellant, and all exhibits accepted or rejected, together with such other material as may be certified by the agency secretary to be a part of the record.
(d) Upon the adoption of standards for the preparation of electronic or digital records for use in appeals, records under this Rule must comply with such standards.
(e) In the event the agency secretary determines that the record is so voluminous that its certification and filing pursuant to part (b) of this Rule would be unduly burdensome upon the agency or upon the clerk of the court, the agency may, prior to and in lieu of filing the entire record, move the court for leave to file an index to such record. A party must have the opportunity to respond to the agency's motion within 10 days of filing the motion. Thereafter, if the court grants the agency's motion, the record, or such parts thereof as the parties may agree upon or as the court may determine, must be filed in the form of a joint appendix or in such other form as the court may direct. The agency must nevertheless retain the entire record and make it available to the parties on reasonable request during the pendency of the appeal.

Va. Sup. Ct. 2A:3

Amended by order dated February 26, 2010, effective 5/3/2010; amended by Order dated March 1, 2011; effective 5/2/2011; Amended by order dated March 1, 2011, effective 5/2/2011; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021.