{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-400.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-400.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-400.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-400.html"}],"law_id":75559,"edition_id":1,"section_id":75559,"structure_id":15485,"section_number":"19.2-400","catch_line":"Appeal lies to the Court of Appeals; time for filing notice","history":"1987, c. 710; 2003, c. 109; 2021, Sp. Sess. I, cc. 344, 345.","full_text":"An appeal taken pursuant to \u00a7 19.2-398, including such an appeal in an aggravated murder case, shall lie to the Court of Appeals of Virginia.\n\t\tNo appeal shall be allowed the Commonwealth pursuant to subsection A of \u00a7 19.2-398 unless within seven days after entry of the order of the circuit court from which the appeal is taken, and before a jury is impaneled and sworn if there is to be trial by jury or, in cases to be tried without a jury, before the court begins to hear or receive evidence or the first witness is sworn, whichever occurs first, the Commonwealth files a notice of appeal with the clerk of the trial court. If the appeal relates to suppressed evidence, the attorney for the Commonwealth shall certify in the notice of appeal that the appeal is not taken for the purpose of delay and that the evidence is substantial proof of a fact material to the proceeding. All other requirements related to the notice of appeal shall be governed by Part Five A of the Rules of the Supreme Court. Upon the filing of a timely notice of appeal, the order from which the pretrial appeal is taken and further trial proceedings in the circuit court, except for a bail hearing, shall thereby be suspended pending disposition of the appeal.\n\t\tAn appeal by the Commonwealth pursuant to subsection C of \u00a7 19.2-398 shall be governed by Part Five A of the Rules of the Supreme Court.","order_by":null,"text":{"0":{"id":271436,"text":"An appeal taken pursuant to \u00a7 19.2-398, including such an appeal in an aggravated murder case, shall lie to the Court of Appeals of Virginia.\n\t\tNo appeal shall be allowed the Commonwealth pursuant to subsection A of \u00a7 19.2-398 unless within seven days after entry of the order of the circuit court from which the appeal is taken, and before a jury is impaneled and sworn if there is to be trial by jury or, in cases to be tried without a jury, before the court begins to hear or receive evidence or the first witness is sworn, whichever occurs first, the Commonwealth files a notice of appeal with the clerk of the trial court. If the appeal relates to suppressed evidence, the attorney for the Commonwealth shall certify in the notice of appeal that the appeal is not taken for the purpose of delay and that the evidence is substantial proof of a fact material to the proceeding. All other requirements related to the notice of appeal shall be governed by Part Five A of the Rules of the Supreme Court. Upon the filing of a timely notice of appeal, the order from which the pretrial appeal is taken and further trial proceedings in the circuit court, except for a bail hearing, shall thereby be suspended pending disposition of the appeal.\n\t\tAn appeal by the Commonwealth pursuant to subsection C of \u00a7 19.2-398 shall be governed by Part Five A of the Rules of the Supreme Court.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15485,"edition_id":1,"name":"Appeals by the Commonwealth","identifier":"25","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:55:26","date_modified":"2026-06-26 03:55:26","permalink":{"id":170613,"object_type":"structure","relational_id":15485,"identifier":"25","token":"19.2\/25","url":"\/19.2\/25\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70900,"structure_id":15485,"section_number":"19.2-398","catch_line":"When appeal by the Commonwealth allowed","url":"\/19.2-398\/","token":"19.2\/25\/19.2-398","metadata":false},{"id":87154,"structure_id":15485,"section_number":"19.2-399","catch_line":"Defense objections to be raised before trial; hearing; bill of particulars","url":"\/19.2-399\/","token":"19.2\/25\/19.2-399","metadata":false},{"id":75559,"structure_id":15485,"section_number":"19.2-400","catch_line":"Appeal lies to the Court of Appeals; time for filing notice","url":"\/19.2-400\/","token":"19.2\/25\/19.2-400","metadata":false},{"id":75848,"structure_id":15485,"section_number":"19.2-401","catch_line":"Cross appeal; when allowed; time for filing","url":"\/19.2-401\/","token":"19.2\/25\/19.2-401","metadata":false},{"id":59163,"structure_id":15485,"section_number":"19.2-402","catch_line":"Petition for appeal; brief in opposition; time for filing","url":"\/19.2-402\/","token":"19.2\/25\/19.2-402","metadata":false},{"id":68963,"structure_id":15485,"section_number":"19.2-403","catch_line":"Procedures on petition for pretrial appeal","url":"\/19.2-403\/","token":"19.2\/25\/19.2-403","metadata":false},{"id":70349,"structure_id":15485,"section_number":"19.2-404","catch_line":"Procedures on awarded pretrial appeal","url":"\/19.2-404\/","token":"19.2\/25\/19.2-404","metadata":false},{"id":71757,"structure_id":15485,"section_number":"19.2-405","catch_line":"Pretrial appeals; record on appeal; transcript; written statement of facts; time for filing","url":"\/19.2-405\/","token":"19.2\/25\/19.2-405","metadata":false},{"id":61058,"structure_id":15485,"section_number":"19.2-406","catch_line":"Bail pending pretrial appeal","url":"\/19.2-406\/","token":"19.2\/25\/19.2-406","metadata":false},{"id":65497,"structure_id":15485,"section_number":"19.2-407","catch_line":"Review by the Supreme Court","url":"\/19.2-407\/","token":"19.2\/25\/19.2-407","metadata":false},{"id":75858,"structure_id":15485,"section_number":"19.2-408","catch_line":"Finality of decision of the Court of Appeals in pretrial appeals","url":"\/19.2-408\/","token":"19.2\/25\/19.2-408","metadata":false},{"id":59004,"structure_id":15485,"section_number":"19.2-409","catch_line":"Exclusion of pretrial appeal period from time within which accused must be tried; reconsideration of issues after conviction","url":"\/19.2-409\/","token":"19.2\/25\/19.2-409","metadata":false}],"previous_section":{"id":87154,"structure_id":15485,"section_number":"19.2-399","catch_line":"Defense objections to be raised before trial; hearing; bill of particulars","url":"\/19.2-399\/","token":"19.2\/25\/19.2-399","metadata":false},"next_section":{"id":75848,"structure_id":15485,"section_number":"19.2-401","catch_line":"Cross appeal; when allowed; time for filing","url":"\/19.2-401\/","token":"19.2\/25\/19.2-401","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-400\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 710 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 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2003, chapter 109<\/a>.<\/p>","references":[{"id":59163,"section_number":"19.2-402","catch_line":"Petition for appeal; brief in opposition; time for filing","order_by":null,"url":"\/19.2-402\/"},{"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\/"}],"permalink":{"id":170623,"object_type":"law","relational_id":75559,"identifier":"19.2-400","token":"19.2\/25\/19.2-400","url":"\/19.2-400\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-400\/","token":"19.2\/25\/19.2-400","dublin_core":{"Title":"Appeal lies to the Court of Appeals; time for filing notice","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-400","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

An appeal taken pursuant to \u00a7 19.2-398<\/a>, including such an appeal in an aggravated murder<\/span> case, shall lie to the Court<\/span> of Appeals<\/span> of Virginia.\n\t\tNo appeal shall be allowed the Commonwealth pursuant to subsection A of \u00a7 19.2-398<\/a> unless within seven days after entry of the order<\/span> of the circuit<\/span> court<\/span> from which the appeal is taken, and before a jury<\/span> is impaneled and sworn if there is to be trial<\/span> by jury<\/span> or, in cases to be tried without a jury<\/span>, before the court<\/span> begins to hear or receive evidence<\/span> or the first witness<\/span> is sworn, whichever occurs first, the Commonwealth files a notice of appeal<\/span> with the clerk of the trial<\/span> court<\/span>. If the appeal relates to suppressed evidence<\/span>, the attorney for the Commonwealth shall certify in the notice of appeal<\/span> that the appeal is not taken for the purpose of delay and that the evidence<\/span> is substantial proof of a fact<\/span> material<\/span> to the proceeding. All other requirements related to the notice of appeal<\/span> shall be governed by Part Five A of the Rules of the Supreme Court<\/span>. Upon the filing of a timely notice of appeal<\/span>, the order<\/span> from which the pretrial appeal is taken and further trial<\/span> proceedings in the circuit<\/span> court<\/span>, except for a bail<\/span> hearing<\/span>, shall thereby be suspended pending disposition<\/span> of the appeal.\n\t\tAn appeal by the Commonwealth pursuant to subsection C of \u00a7 19.2-398<\/a> shall be governed by Part Five A of the Rules of the Supreme Court<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL LIES TO THE COURT OF APPEALS; TIME FOR FILING NOTICE (\u00a7 19.2-400)\n\nAn appeal taken pursuant to \u00a7 19.2-398, including such an appeal in an\naggravated murder case, shall lie to the Court of Appeals of Virginia.\n\t\tNo appeal shall be allowed the Commonwealth pursuant to subsection A of \u00a7\n19.2-398 unless within seven days after entry of the order of the circuit court\nfrom which the appeal is taken, and before a jury is impaneled and sworn if\nthere is to be trial by jury or, in cases to be tried without a jury, before the\ncourt begins to hear or receive evidence or the first witness is sworn,\nwhichever occurs first, the Commonwealth files a notice of appeal with the clerk\nof the trial court. If the appeal relates to suppressed evidence, the attorney\nfor the Commonwealth shall certify in the notice of appeal that the appeal is\nnot taken for the purpose of delay and that the evidence is substantial proof of\na fact material to the proceeding. All other requirements related to the notice\nof appeal shall be governed by Part Five A of the Rules of the Supreme Court.\nUpon the filing of a timely notice of appeal, the order from which the pretrial\nappeal is taken and further trial proceedings in the circuit court, except for a\nbail hearing, shall thereby be suspended pending disposition of the appeal.\n\t\tAn appeal by the Commonwealth pursuant to subsection C of \u00a7 19.2-398 shall be\ngoverned by Part Five A of the Rules of the Supreme Court.\n\nHISTORY: 1987, c. 710; 2003, c. 109; 2021, Sp. Sess. I, cc. 344, 345.","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}}