{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-408.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-408.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-408.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-408.html"}],"law_id":66044,"edition_id":1,"section_id":66044,"structure_id":13285,"section_number":"17.1-408","catch_line":"Time for filing; notice; opening brief; petition","history":"1984, c. 701, \u00a7 17-116.05:3; 1998, c. 872; 2021, Sp. Sess. I, c. 489; 2022, c. 714.","full_text":"The notice of appeal to the Court of Appeals shall be filed in every case within the court’s appellate jurisdiction as provided in \u00a7 8.01-675.3. The opening brief in a criminal case shall be filed not more than 40 days after the filing of the record with the Court of Appeals. However, an extension may be granted in the discretion of the Court of Appeals on motion for good cause shown. In an appeal pursuant to subsection B or C of \u00a7 19.2-398, the petition for appeal shall be presented within the 40-day time limitation provided in this section.\n\t\tUpon receiving a notice of appeal in a criminal case or, if notice of the appeal is received by the clerk prior to the entry of final judgment, upon entry of final judgment, the clerk of the circuit court shall cause a transcript to be prepared of the trial and any other circuit court proceedings, as requested by the appellant in the notice of appeal or by order of the circuit court, at the expense of the Commonwealth.","order_by":null,"text":{"0":{"id":239971,"text":"The notice of appeal to the Court of Appeals shall be filed in every case within the court’s appellate jurisdiction as provided in \u00a7 8.01-675.3. The opening brief in a criminal case shall be filed not more than 40 days after the filing of the record with the Court of Appeals. However, an extension may be granted in the discretion of the Court of Appeals on motion for good cause shown. In an appeal pursuant to subsection B or C of \u00a7 19.2-398, the petition for appeal shall be presented within the 40-day time limitation provided in this section.\n\t\tUpon receiving a notice of appeal in a criminal case or, if notice of the appeal is received by the clerk prior to the entry of final judgment, upon entry of final judgment, the clerk of the circuit court shall cause a transcript to be prepared of the trial and any other circuit court proceedings, as requested by the appellant in the notice of appeal or by order of the circuit court, at the expense of the Commonwealth.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-408\/","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 2 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 1998, chapter 872<\/a>; in 2022, chapter 714<\/a>.<\/p>","references":[{"id":58150,"section_number":"8.01-675.3","catch_line":"Time within which appeal must be taken; notice","order_by":null,"url":"\/8.01-675.3\/"}],"refers_to":[{"id":70900,"section_number":"19.2-398","catch_line":"When appeal by the Commonwealth allowed","order_by":null,"url":"\/19.2-398\/"},{"id":58150,"section_number":"8.01-675.3","catch_line":"Time within which appeal must be taken; notice","order_by":null,"url":"\/8.01-675.3\/"}],"permalink":{"id":163651,"object_type":"law","relational_id":66044,"identifier":"17.1-408","token":"17.1\/4\/17.1-408","url":"\/17.1-408\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-408\/","token":"17.1\/4\/17.1-408","dublin_core":{"Title":"Time for filing; notice; opening brief; petition","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-408","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The notice of appeal<\/span> to the Court<\/span> of Appeals<\/span> shall be filed in every case within the court<\/span>’s appellate jurisdiction<\/span> as provided in \u00a7 8.01-675.3<\/a>. The opening brief<\/span> in a criminal case shall be filed not more than 40 days after the filing of the record with the Court<\/span> of Appeals<\/span>. However, an extension may be granted in the discretion of the Court<\/span> of Appeals<\/span> on motion<\/span> for good cause shown. In an appeal pursuant to subsection B or C of \u00a7 19.2-398<\/a>, the petition<\/span> for appeal shall be presented within the 40-day time limitation provided in this section.\n\t\tUpon receiving a notice of appeal<\/span> in a criminal case or, if notice of the appeal is received by the clerk prior to the entry of final judgment<\/span>, upon entry of final judgment<\/span>, the clerk of the circuit<\/span> court<\/span> shall cause a transcript<\/span> to be prepared of the trial<\/span> and any other circuit<\/span> court<\/span> proceedings, as requested by the appellant<\/span> in the notice of appeal<\/span> or by order<\/span> of the circuit<\/span> court<\/span>, at the expense of the Commonwealth.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTIME FOR FILING; NOTICE; OPENING BRIEF; PETITION (\u00a7 17.1-408)\n\nThe notice of appeal to the Court of Appeals shall be filed in every case within\nthe court’s appellate jurisdiction as provided in \u00a7 8.01-675.3. The\nopening brief in a criminal case shall be filed not more than 40 days after the\nfiling of the record with the Court of Appeals. However, an extension may be\ngranted in the discretion of the Court of Appeals on motion for good cause\nshown. In an appeal pursuant to subsection B or C of \u00a7 19.2-398, the petition\nfor appeal shall be presented within the 40-day time limitation provided in this\nsection.\n\t\tUpon receiving a notice of appeal in a criminal case or, if notice of the\nappeal is received by the clerk prior to the entry of final judgment, upon entry\nof final judgment, the clerk of the circuit court shall cause a transcript to be\nprepared of the trial and any other circuit court proceedings, as requested by\nthe appellant in the notice of appeal or by order of the circuit court, at the\nexpense of the Commonwealth.\n\nHISTORY: 1984, c. 701, \u00a7 17-116.05:3; 1998, c. 872; 2021, Sp. Sess. I, c. 489;\n2022, c. 714.","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}}