{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-406.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-406.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-406.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-406.html"}],"law_id":87232,"edition_id":1,"section_id":87232,"structure_id":13285,"section_number":"17.1-406","catch_line":"Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction","history":"1984, c. 701, \u00a7 17-116.05:1; 1985, c. 371; 1987, cc. 707, 710; 1988, c. 873; 1998, c. 872; 2007, c. 889; 2013, c. 746; 2019, c. 809; 2021, Sp. Sess. I, cc. 344, 345, 489; 2023, cc. 314, 315.","full_text":"A\n\nAny aggrieved party may appeal to the Court of Appeals from any final conviction in a circuit court of a traffic infraction or a crime. The Commonwealth or any county, city, or town may petition the Court of Appeals for an appeal pursuant to this subsection in any case in which such party previously could have petitioned the Supreme Court for a writ of error under § 19.2-317. The Commonwealth may also petition the Court of Appeals for an appeal in a criminal case pursuant to § 19.2-398.B\n\nIn accordance with other applicable provisions of law, appeals lie directly to the Supreme Court from a final decision, judgment, or order of a circuit court involving a petition for a writ of habeas corpus; from any action collaterally attacking a criminal conviction, including a motion filed under § 8.01-428; from any final finding, decision, order, or judgment of the State Corporation Commission; and from proceedings under §§ 54.1-3935 and 54.1-3937. Complaints of the Judicial Inquiry and Review Commission shall be filed with the Supreme Court of Virginia. The Court of Appeals shall not have jurisdiction over any cases or proceedings described in this subsection.","order_by":null,"text":{"0":{"id":312371,"text":"Any aggrieved party may appeal to the Court of Appeals from any final conviction in a circuit court of a traffic infraction or a crime. The Commonwealth or any county, city, or town may petition the Court of Appeals for an appeal pursuant to this subsection in any case in which such party previously could have petitioned the Supreme Court for a writ of error under § 19.2-317. The Commonwealth may also petition the Court of Appeals for an appeal in a criminal case pursuant to § 19.2-398.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":312372,"text":"In accordance with other applicable provisions of law, appeals lie directly to the Supreme Court from a final decision, judgment, or order of a circuit court involving a petition for a writ of habeas corpus; from any action collaterally attacking a criminal conviction, including a motion filed under § 8.01-428; from any final finding, decision, order, or judgment of the State Corporation Commission; and from proceedings under §§ 54.1-3935 and 54.1-3937. Complaints of the Judicial Inquiry and Review Commission shall be filed with the Supreme Court of Virginia. The Court of Appeals shall not have jurisdiction over any cases or proceedings described in this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13285,"edition_id":1,"name":"The Court of Appeals","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12766,"metadata":{},"date_created":"2026-06-26 03:44:34","date_modified":"2026-06-26 03:44:34","permalink":{"id":163617,"object_type":"structure","relational_id":13285,"identifier":"4","token":"17.1\/4","url":"\/17.1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12766,"edition_id":1,"name":"Courts of Record","identifier":"17.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":162799,"object_type":"structure","relational_id":12766,"identifier":"17.1","token":"17.1","url":"\/17.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87082,"structure_id":13285,"section_number":"17.1-400","catch_line":"Creation and organization; election and terms of judges; oath; vacancies; qualifications; incompatible activities prohibited; chief judge","url":"\/17.1-400\/","token":"17.1\/4\/17.1-400","metadata":false},{"id":87290,"structure_id":13285,"section_number":"17.1-401","catch_line":"Senior judge","url":"\/17.1-401\/","token":"17.1\/4\/17.1-401","metadata":false},{"id":54277,"structure_id":13285,"section_number":"17.1-402","catch_line":"Sessions; panels; quorum; presiding judges; hearings en banc","url":"\/17.1-402\/","token":"17.1\/4\/17.1-402","metadata":false},{"id":55346,"structure_id":13285,"section_number":"17.1-403","catch_line":"(For contingent effective date, see Acts 2025, c. 612, cl. 2) Rules of practice, procedure, and internal processes; promulgation by Supreme Court; amendments; summary disposition of appeals","url":"\/17.1-403\/","token":"17.1\/4\/17.1-403","metadata":false},{"id":85188,"structure_id":13285,"section_number":"17.1-404","catch_line":"Original jurisdiction in matters of contempt and injunctions, writs of mandamus, prohibition and habeas corpus","url":"\/17.1-404\/","token":"17.1\/4\/17.1-404","metadata":false},{"id":86129,"structure_id":13285,"section_number":"17.1-405","catch_line":"Appellate jurisdiction \u2014 Administrative agency, Virginia Workers' Compensation Commission, and civil matter appeals","url":"\/17.1-405\/","token":"17.1\/4\/17.1-405","metadata":false},{"id":87232,"structure_id":13285,"section_number":"17.1-406","catch_line":"Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction","url":"\/17.1-406\/","token":"17.1\/4\/17.1-406","metadata":false},{"id":69290,"structure_id":13285,"section_number":"17.1-407","catch_line":"Procedures on appeal","url":"\/17.1-407\/","token":"17.1\/4\/17.1-407","metadata":false},{"id":66044,"structure_id":13285,"section_number":"17.1-408","catch_line":"Time for filing; notice; opening brief; petition","url":"\/17.1-408\/","token":"17.1\/4\/17.1-408","metadata":false},{"id":59397,"structure_id":13285,"section_number":"17.1-409","catch_line":"Certification to the Supreme Court","url":"\/17.1-409\/","token":"17.1\/4\/17.1-409","metadata":false},{"id":63032,"structure_id":13285,"section_number":"17.1-410","catch_line":"Disposition of appeals; finality of decisions","url":"\/17.1-410\/","token":"17.1\/4\/17.1-410","metadata":false},{"id":61862,"structure_id":13285,"section_number":"17.1-411","catch_line":"Review by the Supreme Court","url":"\/17.1-411\/","token":"17.1\/4\/17.1-411","metadata":false},{"id":76830,"structure_id":13285,"section_number":"17.1-412","catch_line":"Affirmance, reversal, or modification of judgment; petition for appeal to Supreme Court upon award of new trial","url":"\/17.1-412\/","token":"17.1\/4\/17.1-412","metadata":false},{"id":83076,"structure_id":13285,"section_number":"17.1-413","catch_line":"Opinions; reporting, printing and electronic publication","url":"\/17.1-413\/","token":"17.1\/4\/17.1-413","metadata":false},{"id":64883,"structure_id":13285,"section_number":"17.1-414","catch_line":"Facilities and supplies","url":"\/17.1-414\/","token":"17.1\/4\/17.1-414","metadata":false},{"id":58691,"structure_id":13285,"section_number":"17.1-415","catch_line":"Compensation for judges; expenses","url":"\/17.1-415\/","token":"17.1\/4\/17.1-415","metadata":false},{"id":59054,"structure_id":13285,"section_number":"17.1-416","catch_line":"Clerk; seal; deputies and other employees; clerk's fees","url":"\/17.1-416\/","token":"17.1\/4\/17.1-416","metadata":false},{"id":57941,"structure_id":13285,"section_number":"17.1-417","catch_line":"Support staff","url":"\/17.1-417\/","token":"17.1\/4\/17.1-417","metadata":false},{"id":64769,"structure_id":13285,"section_number":"17.1-418","catch_line":"Fees charged by Clerk of the Court of Appeals","url":"\/17.1-418\/","token":"17.1\/4\/17.1-418","metadata":false}],"previous_section":{"id":86129,"structure_id":13285,"section_number":"17.1-405","catch_line":"Appellate jurisdiction \u2014 Administrative agency, Virginia Workers' Compensation Commission, and civil matter appeals","url":"\/17.1-405\/","token":"17.1\/4\/17.1-405","metadata":false},"next_section":{"id":69290,"structure_id":13285,"section_number":"17.1-407","catch_line":"Procedures on appeal","url":"\/17.1-407\/","token":"17.1\/4\/17.1-407","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-406\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 701 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1985, chapter 371; in 1987, chapters 707 and 710; in 1988, chapter 873; in 1998, chapter 872<\/a>; in 2007, chapter 889<\/a>; in 2013, chapter 746<\/a>; in 2019, chapter 809<\/a>; in 2023, chapters 314<\/a> and 315<\/a>.<\/p>","references":[{"id":54277,"section_number":"17.1-402","catch_line":"Sessions; panels; quorum; presiding judges; hearings en banc","order_by":null,"url":"\/17.1-402\/"},{"id":86129,"section_number":"17.1-405","catch_line":"Appellate jurisdiction \u2014 Administrative agency, Virginia Workers' Compensation Commission, and civil matter appeals","order_by":null,"url":"\/17.1-405\/"},{"id":69290,"section_number":"17.1-407","catch_line":"Procedures on appeal","order_by":null,"url":"\/17.1-407\/"},{"id":67662,"section_number":"19.2-317","catch_line":"When writ of error lies in criminal case for accused; when for Commonwealth; when for county, city or town","order_by":null,"url":"\/19.2-317\/"}],"refers_to":[{"id":67662,"section_number":"19.2-317","catch_line":"When writ of error lies in criminal case for accused; when for Commonwealth; when for county, city or town","order_by":null,"url":"\/19.2-317\/"},{"id":63454,"section_number":"54.1-3935","catch_line":"Procedure for disciplining attorneys by three-judge circuit court","order_by":null,"url":"\/54.1-3935\/"},{"id":85023,"section_number":"54.1-3937","catch_line":"Procedure for revocation of certificate of registration of professional law corporations or professional limited liability companies","order_by":null,"url":"\/54.1-3937\/"},{"id":59330,"section_number":"8.01-428","catch_line":"Setting aside default judgments; clerical mistakes; independent actions to relieve party from judgment or proceedings; grounds and time limitations","order_by":null,"url":"\/8.01-428\/"}],"permalink":{"id":163643,"object_type":"law","relational_id":87232,"identifier":"17.1-406","token":"17.1\/4\/17.1-406","url":"\/17.1-406\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-406\/","token":"17.1\/4\/17.1-406","dublin_core":{"Title":"Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-406","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any aggrieved party<\/span> may appeal<\/span> to the Court<\/span> of Appeals<\/span> from any final conviction<\/span> in a circuit<\/span> court<\/span> of a traffic infraction or a crime<\/span>. The Commonwealth or any county, city, or town may petition<\/span> the Court<\/span> of Appeals<\/span> for an appeal<\/span> pursuant to this subsection in any case in which such party previously could have petitioned the Supreme Court<\/span> for a writ<\/span> of error under § 19.2-317<\/a>. The Commonwealth may also petition<\/span> the Court<\/span> of Appeals<\/span> for an appeal<\/span> in a criminal case pursuant to § 19.2-398<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In accordance with other applicable provisions of law<\/span>, appeals<\/span> lie directly to the Supreme Court<\/span> from a final decision, judgment<\/span>, or order<\/span> of a circuit<\/span> court<\/span> involving a petition<\/span> for a writ<\/span> of habeas corpus<\/span>; from any action collaterally attacking a criminal conviction<\/span>, including a motion<\/span> filed under § 8.01-428<\/a>; from any final finding<\/span>, decision, order<\/span>, or judgment<\/span> of the State Corporation Commission; and from proceedings under §§ 54.1-3935<\/a> and 54.1-3937<\/a>. Complaints of the Judicial Inquiry and Review Commission shall be filed with the Supreme Court<\/span> of Virginia. The Court<\/span> of Appeals<\/span> shall not have jurisdiction<\/span> over any cases or proceedings described in this subsection. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEALS IN CRIMINAL MATTERS; CASES OVER WHICH COURT OF APPEALS DOES NOT HAVE\nJURISDICTION (\u00a7 17.1-406)\n\nA. Any aggrieved party may appeal to the Court of Appeals from any final\nconviction in a circuit court of a traffic infraction or a crime. The\nCommonwealth or any county, city, or town may petition the Court of Appeals for\nan appeal pursuant to this subsection in any case in which such party previously\ncould have petitioned the Supreme Court for a writ of error under §\n19.2-317. The Commonwealth may also petition the Court of Appeals for an appeal\nin a criminal case pursuant to § 19.2-398.\n\nB. In accordance with other applicable provisions of law, appeals lie directly\nto the Supreme Court from a final decision, judgment, or order of a circuit\ncourt involving a petition for a writ of habeas corpus; from any action\ncollaterally attacking a criminal conviction, including a motion filed under\n§ 8.01-428; from any final finding, decision, order, or judgment of the\nState Corporation Commission; and from proceedings under §§ 54.1-3935\nand 54.1-3937. Complaints of the Judicial Inquiry and Review Commission shall be\nfiled with the Supreme Court of Virginia. The Court of Appeals shall not have\njurisdiction over any cases or proceedings described in this subsection.\n\nHISTORY: 1984, c. 701, \u00a7 17-116.05:1; 1985, c. 371; 1987, cc. 707, 710; 1988,\nc. 873; 1998, c. 872; 2007, c. 889; 2013, c. 746; 2019, c. 809; 2021, Sp. Sess.\nI, cc. 344, 345, 489; 2023, cc. 314, 315.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}