This second annual report details the Court of Appeals’ complete case filing and processing data for 2022, and the first nine months of data collected in 2023. As discussed in this Report, key points regarding the Court’s workload and processes include the following:

⇒ The Court’s case management system hinders its ability to work efficiently and accurately track case information from an appeal’s beginning to end. An updated case management system that allows for integrated electronic filing and public access would enhance the Court’s ability to better serve the Commonwealth and provide the General Assembly with more accurate data.

⇒ The Court anticipates approximately 2,225 new case filings in 2023, which exceeds pre-pandemic levels. The Court anticipates new case filings will continue to rise as the circuit courts conclude cases stalled by the pandemic. The Court expects that appellate filings will normalize sometime after 2025, likely in 2026.

⇒ The number of motions filed on appeal continues to increase. The Court will receive well over 4,000 motions in 2023. The increase in the number and type of motions being filed has intensified the workload for the Clerk’s Office, Chief Staff Attorney’s Office, and Judicial Chambers.

⇒ The increased case life of the Court’s cases is attributable to four main factors: (1) docket crowding; (2) the complications associated with increased pro se litigation; (3) the increase in motions filed with the Court; and (4) the complexity of legal issues as well as more concurrences and dissents in opinions. However, the Court continues to improve its processes and the resulting improved efficiency will decrease the time it takes to resolve cases.

⇒ In 2023, the Court added more oral argument panels to process more cases in a timely manner. The Court has also re-routed cases with procedural issues or those that are authoritatively decided or wholly without merit to standing panels, which has added to efficiently resolving more cases. The Court’s overall clearance rate this year was at 76% on September 30, 2023. By adding oral argument panels and by more effectively utilizing panels, the Court expects that the clearance rate will reach 80% by the end of 2023. As the Court continues to adjust internal procedures it expects more improvement in this metric in 2024.