Tobyhanna, PA asked in Libel & Slander for Virginia

Q: What is a cross-error?

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1 Lawyer Answer

Thomas H. Roberts Esq

Answered
  • Richmond, VA
  • Licensed in Virginia

A: When a matter is appealed the other side may also assert that the trial or lower court made errors - these are called cross-errors.

Rule 5:18 of the Rules of the Supreme Court describe the assignment of cross-errors as follows:

(c) Assignments of cross-error. The brief in opposition may include assignments of

cross-error. If the brief in opposition contains an assignment or assignments of cross-error,

the cover of the brief must so indicate by being styled, “Brief in Opposition and

Assignment of Cross-Error.”

(1) A cross-error must be assigned in the brief in opposition in order to be noticed

by this Court.

(2) The provisions of Rule 5:25 shall apply to limit the assignments of cross-error

which will be heard on the appeal.

(3) A brief in opposition containing assignments of cross-error shall conform to

the form, content, and maximum word requirements of paragraph (b) of this Rule.

(4) When an appellee assigns cross-error in the brief in opposition:

(i) this Court will not grant any assignment of cross-error unless it first

decides to grant some or all of the assignments of error contained in the

appellant’s petition for appeal.

(ii) the appellee shall not be permitted to present oral argument to a writ

panel.

(iii) if the appellant withdraws the petition for appeal, the appeal will be

dismissed without consideration of the cross-error assigned by an appellee.

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