{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-403.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-403.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-403.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-403.html"}],"law_id":68963,"edition_id":1,"section_id":68963,"structure_id":15485,"section_number":"19.2-403","catch_line":"Procedures on petition for pretrial appeal","history":"1987, c. 710; 2003, c. 109; 2021, Sp. Sess. I, c. 489.","full_text":"The procedures on a pretrial appeal to the Court of Appeals by the Commonwealth pursuant to subsections A and E of \u00a7 19.2-398, and on a cross appeal of a pretrial appeal by the accused pursuant to \u00a7 19.2-401, shall be governed by the provisions of subsections C and D of \u00a7 17.1-407. The Court of Appeals, however, shall grant or deny the petition for a pretrial appeal, and the petition for cross appeal, if any, not later than 30 days after the brief in opposition is timely filed or the time for such filing has expired.\n\t\tNo petition for rehearing may be filed in any pretrial appeal pursuant to this chapter. If the petition for a pretrial appeal pursuant to this chapter is denied, the Court’s mandate shall immediately issue and the clerk of the Court of Appeals shall return the record forthwith to the clerk of the trial court.","order_by":null,"text":{"0":{"id":249650,"text":"The procedures on a pretrial appeal to the Court of Appeals by the Commonwealth pursuant to subsections A and E of \u00a7 19.2-398, and on a cross appeal of a pretrial appeal by the accused pursuant to \u00a7 19.2-401, shall be governed by the provisions of subsections C and D of \u00a7 17.1-407. The Court of Appeals, however, shall grant or deny the petition for a pretrial appeal, and the petition for cross appeal, if any, not later than 30 days after the brief in opposition is timely filed or the time for such filing has expired.\n\t\tNo petition for rehearing may be filed in any pretrial appeal pursuant to this chapter. If the petition for a pretrial appeal pursuant to this chapter is denied, the Court’s mandate shall immediately issue and the clerk of the Court of Appeals shall return the record forthwith to the clerk of the trial 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-403\/","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":false,"refers_to":[{"id":69290,"section_number":"17.1-407","catch_line":"Procedures on appeal","order_by":null,"url":"\/17.1-407\/"},{"id":70900,"section_number":"19.2-398","catch_line":"When appeal by the Commonwealth allowed","order_by":null,"url":"\/19.2-398\/"},{"id":75848,"section_number":"19.2-401","catch_line":"Cross appeal; when allowed; time for filing","order_by":null,"url":"\/19.2-401\/"}],"permalink":{"id":170635,"object_type":"law","relational_id":68963,"identifier":"19.2-403","token":"19.2\/25\/19.2-403","url":"\/19.2-403\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-403\/","token":"19.2\/25\/19.2-403","dublin_core":{"Title":"Procedures on petition for pretrial appeal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-403","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The procedures on a pretrial appeal<\/span> to the Court<\/span> of Appeals<\/span> by the Commonwealth pursuant to subsections A and E of \u00a7 19.2-398<\/a>, and on a cross appeal<\/span> of a pretrial appeal<\/span> by the accused<\/span> pursuant to \u00a7 19.2-401<\/a>, shall be governed by the provisions of subsections C and D of \u00a7 17.1-407<\/a>. The Court<\/span> of Appeals<\/span>, however, shall grant or deny the petition<\/span> for a pretrial appeal<\/span>, and the petition<\/span> for cross appeal<\/span>, if any, not later than 30 days after the brief<\/span> in opposition is timely filed or the time for such filing has expired.\n\t\tNo petition<\/span> for rehearing may be filed in any pretrial appeal<\/span> pursuant to this chapter. If the petition<\/span> for a pretrial appeal<\/span> pursuant to this chapter is denied, the Court<\/span>’s mandate<\/span> shall immediately issue<\/span> and the clerk of the Court<\/span> of Appeals<\/span> shall return the record forthwith to the clerk of the trial<\/span> court<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURES ON PETITION FOR PRETRIAL APPEAL (\u00a7 19.2-403)\n\nThe procedures on a pretrial appeal to the Court of Appeals by the Commonwealth\npursuant to subsections A and E of \u00a7 19.2-398, and on a cross appeal of a\npretrial appeal by the accused pursuant to \u00a7 19.2-401, shall be governed by the\nprovisions of subsections C and D of \u00a7 17.1-407. The Court of Appeals, however,\nshall grant or deny the petition for a pretrial appeal, and the petition for\ncross appeal, if any, not later than 30 days after the brief in opposition is\ntimely filed or the time for such filing has expired.\n\t\tNo petition for rehearing may be filed in any pretrial appeal pursuant to this\nchapter. If the petition for a pretrial appeal pursuant to this chapter is\ndenied, the Court’s mandate shall immediately issue and the clerk of the\nCourt of Appeals shall return the record forthwith to the clerk of the trial\ncourt.\n\nHISTORY: 1987, c. 710; 2003, c. 109; 2021, Sp. Sess. I, c. 489.","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}}