{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-404.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-404.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-404.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-404.html"}],"law_id":70349,"edition_id":1,"section_id":70349,"structure_id":15485,"section_number":"19.2-404","catch_line":"Procedures on awarded pretrial appeal","history":"1987, c. 710; 2003, c. 109; 2021, Sp. Sess. I, c. 489; 2023, cc. 314, 315.","full_text":"This section applies only to pretrial appeals. If the Court of Appeals grants the Commonwealth’s petition for a pretrial appeal, the Attorney General shall represent the Commonwealth during that appeal.\n\t\tThe Commonwealth shall file its opening brief in the office of the clerk of the Court of Appeals within 25 days after the date of the certificate awarding the appeal. The brief of the appellee shall be filed in the office of the clerk of the Court of Appeals within 25 days after the filing of the Commonwealth’s opening brief. The Commonwealth may then file a reply brief, including its response to any cross appeal, in the office of the clerk of the Court of Appeals within 15 days after the filing of the brief of the accused. With the permission of a judge of the Court of Appeals, the time for filing any brief may be extended for good cause shown. Except as specifically provided in this section, all other requirements of the brief shall conform as nearly as practicable to Part Five A of the Rules of the Supreme Court of Virginia. The Court of Appeals shall accelerate the appeal on its docket and render its decision not later than 60 days after the filing of the appellee’s brief or after the time for filing such brief has expired.\n\t\tWhen the opinion is rendered by the Court of Appeals, the mandate shall immediately issue and the clerk of the Court of Appeals shall return the record forthwith to the clerk of the trial court. No petition for rehearing may be filed.","order_by":null,"text":{"0":{"id":253954,"text":"This section applies only to pretrial appeals. If the Court of Appeals grants the Commonwealth’s petition for a pretrial appeal, the Attorney General shall represent the Commonwealth during that appeal.\n\t\tThe Commonwealth shall file its opening brief in the office of the clerk of the Court of Appeals within 25 days after the date of the certificate awarding the appeal. The brief of the appellee shall be filed in the office of the clerk of the Court of Appeals within 25 days after the filing of the Commonwealth’s opening brief. The Commonwealth may then file a reply brief, including its response to any cross appeal, in the office of the clerk of the Court of Appeals within 15 days after the filing of the brief of the accused. With the permission of a judge of the Court of Appeals, the time for filing any brief may be extended for good cause shown. Except as specifically provided in this section, all other requirements of the brief shall conform as nearly as practicable to Part Five A of the Rules of the Supreme Court of Virginia. The Court of Appeals shall accelerate the appeal on its docket and render its decision not later than 60 days after the filing of the appellee’s brief or after the time for filing such brief has expired.\n\t\tWhen the opinion is rendered by the Court of Appeals, the mandate shall immediately issue and the clerk of the Court of Appeals shall return the record forthwith to the clerk of the trial court. No petition for rehearing may be filed.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-404\/","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 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 2003, chapter 109<\/a>; in 2023, chapters 314<\/a> and 315<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":170639,"object_type":"law","relational_id":70349,"identifier":"19.2-404","token":"19.2\/25\/19.2-404","url":"\/19.2-404\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-404\/","token":"19.2\/25\/19.2-404","dublin_core":{"Title":"Procedures on awarded pretrial appeal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-404","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

This section applies only to pretrial appeals<\/span>. If the Court<\/span> of Appeals<\/span> grants the Commonwealth’s petition<\/span> for a pretrial appeal<\/span>, the Attorney General<\/span> shall represent the Commonwealth during that appeal<\/span>.\n\t\tThe Commonwealth shall file its opening brief<\/span> in the office of the clerk of the Court<\/span> of Appeals<\/span> within 25 days after the date of the certificate awarding the appeal<\/span>. The brief<\/span> of the appellee<\/span> shall be filed in the office of the clerk of the Court<\/span> of Appeals<\/span> within 25 days after the filing of the Commonwealth’s opening brief<\/span>. The Commonwealth may then file a reply brief<\/span>, including its response to any cross appeal<\/span>, in the office of the clerk of the Court<\/span> of Appeals<\/span> within 15 days after the filing of the brief<\/span> of the accused<\/span>. With the permission of a judge<\/span> of the Court<\/span> of Appeals<\/span>, the time for filing any brief<\/span> may be extended for good cause shown. Except as specifically provided in this section, all other requirements of the brief<\/span> shall conform as nearly as practicable to Part Five A of the Rules of the Supreme Court<\/span> of Virginia. The Court<\/span> of Appeals<\/span> shall accelerate the appeal<\/span> on its docket<\/span> and render its decision not later than 60 days after the filing of the appellee<\/span>’s brief<\/span> or after the time for filing such brief<\/span> has expired.\n\t\tWhen the opinion<\/span> is rendered by the Court<\/span> of Appeals<\/span>, the 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>. No petition<\/span> for rehearing may be filed.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURES ON AWARDED PRETRIAL APPEAL (\u00a7 19.2-404)\n\nThis section applies only to pretrial appeals. If the Court of Appeals grants\nthe Commonwealth’s petition for a pretrial appeal, the Attorney General\nshall represent the Commonwealth during that appeal.\n\t\tThe Commonwealth shall file its opening brief in the office of the clerk of\nthe Court of Appeals within 25 days after the date of the certificate awarding\nthe appeal. The brief of the appellee shall be filed in the office of the clerk\nof the Court of Appeals within 25 days after the filing of the\nCommonwealth’s opening brief. The Commonwealth may then file a reply\nbrief, including its response to any cross appeal, in the office of the clerk of\nthe Court of Appeals within 15 days after the filing of the brief of the\naccused. With the permission of a judge of the Court of Appeals, the time for\nfiling any brief may be extended for good cause shown. Except as specifically\nprovided in this section, all other requirements of the brief shall conform as\nnearly as practicable to Part Five A of the Rules of the Supreme Court of\nVirginia. The Court of Appeals shall accelerate the appeal on its docket and\nrender its decision not later than 60 days after the filing of the\nappellee’s brief or after the time for filing such brief has expired.\n\t\tWhen the opinion is rendered by the Court of Appeals, the mandate shall\nimmediately issue and the clerk of the Court of Appeals shall return the record\nforthwith to the clerk of the trial court. No petition for rehearing may be\nfiled.\n\nHISTORY: 1987, c. 710; 2003, c. 109; 2021, Sp. Sess. I, c. 489; 2023, cc. 314,\n315.","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}}