“Breaking News: Civil Practice Shocker! Written Statements Replace Delayed Transcripts—What You Need to Know!”
Photo: AP/Michael Conroy
Where the defendants argued a written statement in lieu of a transcript that was filed nine months after the hearing was filed too late, this argument was rejected. The Rules of the Supreme Court of Virginia do not prohibit filing a written statement in lieu of a transcript long after a proceeding that does not produce a final judgment.
Background
On Aug. 29, 2024, Jennifer Babb filed a proposed “Written Statement in Lieu of Transcript” related to a Nov. 15, 2023, hearing. Both Willoughby Harbor Partners LP and Kraggins LLC filed separate objections.
Analysis
Defendants object to the proposed statement as untimely, noting that – unlike a transcript, which must be filed “no later than 60 days after entry of the final judgment” – a written statement in lieu of transcript must be filed “within 60 days after entry of judgment.” The Court of Appeals of Virginia has resolved this issue, however.
Hence, it appears that the Rules of the Supreme Court of Virginia do not prohibit filing a written statement in lieu of a transcript long after a proceeding that does not produce a final judgment. The court notes, however, that because a statement in lieu of transcript relies on the court recalling specifics of the proceeding at issue, it is not prudent practice for an attorney to submit a proposed statement in lieu of transcript more than nine months after the proceeding, as was done here. After consideration of the proposed statement and the objections thereto, the court adopts the proposed statement with corrections.
