{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-401.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-401.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-401.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-401.html"}],"law_id":75848,"edition_id":1,"section_id":75848,"structure_id":15485,"section_number":"19.2-401","catch_line":"Cross appeal; when allowed; time for filing","history":"1987, c. 710; 2003, c. 109.","full_text":"The defendant shall have no independent right of appeal pursuant to \u00a7 19.2-398. If the Commonwealth appeals, the defendant may cross appeal from any orders from which the Commonwealth may appeal, pursuant to \u00a7 19.2-398. The defendant shall be under no obligation to defend an appeal filed by the Commonwealth. However, when an appeal is taken by the Commonwealth, and the defendant wishes to defend or cross appeal, the circuit court shall, where the defendant is indigent, appoint counsel to represent the defendant on appeal. The remuneration to be awarded appointed counsel shall be governed by \u00a7 19.2-326.\n\t\tIn pretrial appeals, the defendant shall file a notice of cross appeal with the clerk of the circuit court within seven days following the notice of appeal filed by the Commonwealth.\n\t\tAny brief on cross appeal shall be consolidated with the defendant’s brief as appellee, if any.","order_by":null,"text":{"0":{"id":272357,"text":"The defendant shall have no independent right of appeal pursuant to \u00a7 19.2-398. If the Commonwealth appeals, the defendant may cross appeal from any orders from which the Commonwealth may appeal, pursuant to \u00a7 19.2-398. The defendant shall be under no obligation to defend an appeal filed by the Commonwealth. However, when an appeal is taken by the Commonwealth, and the defendant wishes to defend or cross appeal, the circuit court shall, where the defendant is indigent, appoint counsel to represent the defendant on appeal. The remuneration to be awarded appointed counsel shall be governed by \u00a7 19.2-326.\n\t\tIn pretrial appeals, the defendant shall file a notice of cross appeal with the clerk of the circuit court within seven days following the notice of appeal filed by the Commonwealth.\n\t\tAny brief on cross appeal shall be consolidated with the defendant’s brief as appellee, if any.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-401\/","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":63032,"section_number":"17.1-410","catch_line":"Disposition of appeals; finality of decisions","order_by":null,"url":"\/17.1-410\/"},{"id":68963,"section_number":"19.2-403","catch_line":"Procedures on petition for pretrial appeal","order_by":null,"url":"\/19.2-403\/"},{"id":65497,"section_number":"19.2-407","catch_line":"Review by the Supreme Court","order_by":null,"url":"\/19.2-407\/"},{"id":75858,"section_number":"19.2-408","catch_line":"Finality of decision of the Court of Appeals in pretrial appeals","order_by":null,"url":"\/19.2-408\/"},{"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":84883,"section_number":"19.2-326","catch_line":"Payment of expenses of appeals of indigent defendants","order_by":null,"url":"\/19.2-326\/"},{"id":70900,"section_number":"19.2-398","catch_line":"When appeal by the Commonwealth allowed","order_by":null,"url":"\/19.2-398\/"}],"permalink":{"id":170627,"object_type":"law","relational_id":75848,"identifier":"19.2-401","token":"19.2\/25\/19.2-401","url":"\/19.2-401\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-401\/","token":"19.2\/25\/19.2-401","dublin_core":{"Title":"Cross appeal; when allowed; time for filing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-401","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The defendant<\/span> shall have no independent right of appeal pursuant to \u00a7 19.2-398<\/a>. If the Commonwealth appeals<\/span>, the defendant<\/span> may cross appeal from any orders<\/span> from which the Commonwealth may appeal, pursuant to \u00a7 19.2-398<\/a>. The defendant<\/span> shall be under no obligation to defend an appeal filed by the Commonwealth. However, when an appeal is taken by the Commonwealth, and the defendant<\/span> wishes to defend or cross appeal, the circuit<\/span> court<\/span> shall, where the defendant<\/span> is indigent<\/span>, appoint counsel<\/span> to represent the defendant<\/span> on appeal. The remuneration to be awarded appointed counsel<\/span> shall be governed by \u00a7 19.2-326<\/a>.\n\t\tIn pretrial appeals<\/span>, the defendant<\/span> shall file a notice of cross appeal with the clerk of the circuit<\/span> court<\/span> within seven days following the notice of appeal<\/span> filed by the Commonwealth.\n\t\tAny brief<\/span> on cross appeal shall be consolidated with the defendant<\/span>’s brief<\/span> as appellee<\/span>, if any.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCROSS APPEAL; WHEN ALLOWED; TIME FOR FILING (\u00a7 19.2-401)\n\nThe defendant shall have no independent right of appeal pursuant to \u00a7 19.2-398.\nIf the Commonwealth appeals, the defendant may cross appeal from any orders from\nwhich the Commonwealth may appeal, pursuant to \u00a7 19.2-398. The defendant shall\nbe under no obligation to defend an appeal filed by the Commonwealth. However,\nwhen an appeal is taken by the Commonwealth, and the defendant wishes to defend\nor cross appeal, the circuit court shall, where the defendant is indigent,\nappoint counsel to represent the defendant on appeal. The remuneration to be\nawarded appointed counsel shall be governed by \u00a7 19.2-326.\n\t\tIn pretrial appeals, the defendant shall file a notice of cross appeal with\nthe clerk of the circuit court within seven days following the notice of appeal\nfiled by the Commonwealth.\n\t\tAny brief on cross appeal shall be consolidated with the defendant’s\nbrief as appellee, if any.\n\nHISTORY: 1987, c. 710; 2003, c. 109.","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}}