{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-402.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-402.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-402.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-402.html"}],"law_id":59163,"edition_id":1,"section_id":59163,"structure_id":15485,"section_number":"19.2-402","catch_line":"Petition for appeal; brief in opposition; time for filing","history":"1987, c. 710; 2003, c. 109; 2014, cc. 33, 294; 2021, Sp. Sess. I, c. 489; 2023, cc. 314, 315.","full_text":"A\n\nWhen a notice of appeal has been filed pursuant to § 19.2-400, the Commonwealth may petition the Court of Appeals for an appeal pursuant to § 19.2-398. The Commonwealth shall be represented by the attorney for the Commonwealth prosecuting the case.B\n\nThe provisions of this subsection apply only to pretrial appeals. The petition for a pretrial appeal shall be filed with the clerk of the Court of Appeals not more than 14 days after the notice of transcript or written statement of facts required by § 19.2-405 is filed or, if there are objections thereto, within 14 days after the judge signs the transcript or written statement of facts. The accused may file a brief in opposition with the clerk of the Court of Appeals within 14 days after the filing of the petition for pretrial appeal. If the accused has filed a notice of cross appeal, he shall file a petition for cross appeal to be consolidated with, and filed within the same time period as, his brief in opposition. The Commonwealth may file a brief in opposition to any petition for cross appeal within 10 days after the petition for cross appeal is filed. Except as specifically provided in this section, all other requirements for the petition for pretrial appeal and brief in opposition shall conform as nearly as practicable to Part Five A of the Rules of the Supreme Court of Virginia.","order_by":null,"text":{"0":{"id":216884,"text":"When a notice of appeal has been filed pursuant to § 19.2-400, the Commonwealth may petition the Court of Appeals for an appeal pursuant to § 19.2-398. The Commonwealth shall be represented by the attorney for the Commonwealth prosecuting the case.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":216885,"text":"The provisions of this subsection apply only to pretrial appeals. The petition for a pretrial appeal shall be filed with the clerk of the Court of Appeals not more than 14 days after the notice of transcript or written statement of facts required by § 19.2-405 is filed or, if there are objections thereto, within 14 days after the judge signs the transcript or written statement of facts. The accused may file a brief in opposition with the clerk of the Court of Appeals within 14 days after the filing of the petition for pretrial appeal. If the accused has filed a notice of cross appeal, he shall file a petition for cross appeal to be consolidated with, and filed within the same time period as, his brief in opposition. The Commonwealth may file a brief in opposition to any petition for cross appeal within 10 days after the petition for cross appeal is filed. Except as specifically provided in this section, all other requirements for the petition for pretrial appeal and brief in opposition shall conform as nearly as practicable to Part Five A of the Rules of the Supreme Court of Virginia.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-402\/","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 3 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 2003, chapter 109<\/a>; in 2014, chapters 33<\/a> and 294<\/a>; in 2023, chapters 314<\/a> and 315<\/a>.<\/p>","references":false,"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":75559,"section_number":"19.2-400","catch_line":"Appeal lies to the Court of Appeals; time for filing notice","order_by":null,"url":"\/19.2-400\/"},{"id":71757,"section_number":"19.2-405","catch_line":"Pretrial appeals; record on appeal; transcript; written statement of facts; time for filing","order_by":null,"url":"\/19.2-405\/"}],"permalink":{"id":170631,"object_type":"law","relational_id":59163,"identifier":"19.2-402","token":"19.2\/25\/19.2-402","url":"\/19.2-402\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-402\/","token":"19.2\/25\/19.2-402","dublin_core":{"Title":"Petition for appeal; brief in opposition; time for filing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-402","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When a notice of appeal<\/span> has been filed pursuant to § 19.2-400<\/a>, the Commonwealth may petition<\/span> the Court<\/span> of Appeals<\/span> for an appeal pursuant to § 19.2-398<\/a>. The Commonwealth shall be represented by the attorney for the Commonwealth prosecuting the case. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of this subsection apply only to pretrial appeals<\/span>. The petition<\/span> for a pretrial appeal shall be filed with the clerk of the Court<\/span> of Appeals<\/span> not more than 14 days after the notice of transcript<\/span> or written statement of facts<\/span> required by § 19.2-405<\/a> is filed or, if there are objections thereto, within 14 days after the judge<\/span> signs the transcript<\/span> or written statement of facts<\/span>. The accused<\/span> may file a brief<\/span> in opposition with the clerk of the Court<\/span> of Appeals<\/span> within 14 days after the filing of the petition<\/span> for pretrial appeal. If the accused<\/span> has filed a notice of cross appeal, he shall file a petition<\/span> for cross appeal to be consolidated with, and filed within the same time period as, his brief<\/span> in opposition. The Commonwealth may file a brief<\/span> in opposition to any petition<\/span> for cross appeal within 10 days after the petition<\/span> for cross appeal is filed. Except as specifically provided in this section, all other requirements for the petition<\/span> for pretrial appeal and brief<\/span> in opposition shall conform as nearly as practicable to Part Five A of the Rules of the Supreme Court<\/span> of Virginia. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPETITION FOR APPEAL; BRIEF IN OPPOSITION; TIME FOR FILING (\u00a7 19.2-402)\n\nA. When a notice of appeal has been filed pursuant to § 19.2-400, the\nCommonwealth may petition the Court of Appeals for an appeal pursuant to §\n19.2-398. The Commonwealth shall be represented by the attorney for the\nCommonwealth prosecuting the case.\n\nB. The provisions of this subsection apply only to pretrial appeals. The\npetition for a pretrial appeal shall be filed with the clerk of the Court of\nAppeals not more than 14 days after the notice of transcript or written\nstatement of facts required by § 19.2-405 is filed or, if there are\nobjections thereto, within 14 days after the judge signs the transcript or\nwritten statement of facts. The accused may file a brief in opposition with the\nclerk of the Court of Appeals within 14 days after the filing of the petition\nfor pretrial appeal. If the accused has filed a notice of cross appeal, he shall\nfile a petition for cross appeal to be consolidated with, and filed within the\nsame time period as, his brief in opposition. The Commonwealth may file a brief\nin opposition to any petition for cross appeal within 10 days after the petition\nfor cross appeal is filed. Except as specifically provided in this section, all\nother requirements for the petition for pretrial appeal and brief in opposition\nshall conform as nearly as practicable to Part Five A of the Rules of the\nSupreme Court of Virginia.\n\nHISTORY: 1987, c. 710; 2003, c. 109; 2014, cc. 33, 294; 2021, Sp. Sess. I, c.\n489; 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}}