{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-405.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-405.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-405.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-405.html"}],"law_id":71757,"edition_id":1,"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","history":"1987, c. 710; 2003, c. 109; 2014, cc. 33, 294.","full_text":"This section applies only to pretrial appeals. The record on appeal shall conform, as nearly as practicable, to the requirements of Part Five A of the Rules of the Supreme Court for the record on appeal, except as hereinafter provided. The transcript or written statement of facts shall be filed with the clerk of the circuit court from which the appeal is being taken, no later than 25 days following entry of the order of the circuit court. Upon motion of the Commonwealth, the Court of Appeals may grant an extension of up to 45 days for filing the transcript or written statement of facts for good cause shown. If a transcript or written statement of facts is filed, the Commonwealth shall file with the clerk of the circuit court a notice, signed by the attorney for the Commonwealth, who is counsel for the appellant, identifying the transcript or written statement of facts and reciting its filing with the clerk. There shall be appended to the notice a certificate by the attorney for the Commonwealth that a copy of the notice has been mailed or delivered to opposing counsel. The notice of filing of the transcript or written statement of facts shall be filed within three days of the filing of the transcript or written statement of facts or within 14 days of the order of the circuit court, whichever is later.\n\t\tAny party may object to the transcript or written statement of facts on the ground that it is erroneous or incomplete. Notice of the objection specifying the errors alleged or deficiencies asserted shall be tendered to the trial judge within 10 days after the notice of filing of the transcript or written statement of facts is filed in the office of the clerk. The trial judge shall, within three days after the filing of such objection, either overrule the objection, or take steps deemed necessary to make the record complete or certify the respect in which the record is incomplete, and sign the transcript or written statement of facts to verify its accuracy. The clerk of the trial court shall forthwith transmit the record to the clerk of the Court of Appeals.","order_by":null,"text":{"0":{"id":258532,"text":"This section applies only to pretrial appeals. The record on appeal shall conform, as nearly as practicable, to the requirements of Part Five A of the Rules of the Supreme Court for the record on appeal, except as hereinafter provided. The transcript or written statement of facts shall be filed with the clerk of the circuit court from which the appeal is being taken, no later than 25 days following entry of the order of the circuit court. Upon motion of the Commonwealth, the Court of Appeals may grant an extension of up to 45 days for filing the transcript or written statement of facts for good cause shown. If a transcript or written statement of facts is filed, the Commonwealth shall file with the clerk of the circuit court a notice, signed by the attorney for the Commonwealth, who is counsel for the appellant, identifying the transcript or written statement of facts and reciting its filing with the clerk. There shall be appended to the notice a certificate by the attorney for the Commonwealth that a copy of the notice has been mailed or delivered to opposing counsel. The notice of filing of the transcript or written statement of facts shall be filed within three days of the filing of the transcript or written statement of facts or within 14 days of the order of the circuit court, whichever is later.\n\t\tAny party may object to the transcript or written statement of facts on the ground that it is erroneous or incomplete. Notice of the objection specifying the errors alleged or deficiencies asserted shall be tendered to the trial judge within 10 days after the notice of filing of the transcript or written statement of facts is filed in the office of the clerk. The trial judge shall, within three days after the filing of such objection, either overrule the objection, or take steps deemed necessary to make the record complete or certify the respect in which the record is incomplete, and sign the transcript or written statement of facts to verify its accuracy. The clerk of the trial court shall forthwith transmit the record to the clerk of the Court of Appeals.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-405\/","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 2014, chapters 33<\/a> and 294<\/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\/"}],"refers_to":false,"permalink":{"id":170643,"object_type":"law","relational_id":71757,"identifier":"19.2-405","token":"19.2\/25\/19.2-405","url":"\/19.2-405\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-405\/","token":"19.2\/25\/19.2-405","dublin_core":{"Title":"Pretrial appeals; record on appeal; transcript; written statement of facts; time for filing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-405","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

This section applies only to pretrial appeals<\/span>. The record on appeal<\/span> shall conform, as nearly as practicable, to the requirements of Part Five A of the Rules of the Supreme Court<\/span> for the record on appeal<\/span>, except as hereinafter provided. The transcript<\/span> or written statement of facts<\/span> shall be filed with the clerk of the circuit<\/span> court<\/span> from which the appeal<\/span> is being taken, no later than 25 days following entry of the order<\/span> of the circuit<\/span> court<\/span>. Upon motion<\/span> of the Commonwealth, the Court<\/span> of Appeals<\/span> may grant an extension of up to 45 days for filing the transcript<\/span> or written statement of facts<\/span> for good cause shown. If a transcript<\/span> or written statement of facts<\/span> is filed, the Commonwealth shall file with the clerk of the circuit<\/span> court<\/span> a notice, signed by the attorney for the Commonwealth, who is counsel<\/span> for the appellant<\/span>, identifying the transcript<\/span> or written statement of facts<\/span> and reciting its filing with the clerk. There shall be appended to the notice a certificate by the attorney for the Commonwealth that a copy of the notice has been mailed or delivered to opposing counsel<\/span>. The notice of filing of the transcript<\/span> or written statement of facts<\/span> shall be filed within three days of the filing of the transcript<\/span> or written statement of facts<\/span> or within 14 days of the order<\/span> of the circuit<\/span> court<\/span>, whichever is later.\n\t\tAny party<\/span> may object<\/span> to the transcript<\/span> or written statement of facts<\/span> on the ground that it is erroneous or incomplete. Notice of the objection specifying the errors alleged or deficiencies asserted shall be tendered to the trial<\/span> judge<\/span> within 10 days after the notice of filing of the transcript<\/span> or written statement of facts<\/span> is filed in the office of the clerk. The trial<\/span> judge<\/span> shall, within three days after the filing of such objection, either overrule<\/span> the objection, or take steps deemed necessary to make the record complete or certify the respect in which the record is incomplete, and sign the transcript<\/span> or written statement of facts<\/span> to verify its accuracy. The clerk of the trial<\/span> court<\/span> shall forthwith transmit the record to the clerk of the Court<\/span> of Appeals<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRETRIAL APPEALS; RECORD ON APPEAL; TRANSCRIPT; WRITTEN STATEMENT OF FACTS; TIME\nFOR FILING (\u00a7 19.2-405)\n\nThis section applies only to pretrial appeals. The record on appeal shall\nconform, as nearly as practicable, to the requirements of Part Five A of the\nRules of the Supreme Court for the record on appeal, except as hereinafter\nprovided. The transcript or written statement of facts shall be filed with the\nclerk of the circuit court from which the appeal is being taken, no later than\n25 days following entry of the order of the circuit court. Upon motion of the\nCommonwealth, the Court of Appeals may grant an extension of up to 45 days for\nfiling the transcript or written statement of facts for good cause shown. If a\ntranscript or written statement of facts is filed, the Commonwealth shall file\nwith the clerk of the circuit court a notice, signed by the attorney for the\nCommonwealth, who is counsel for the appellant, identifying the transcript or\nwritten statement of facts and reciting its filing with the clerk. There shall\nbe appended to the notice a certificate by the attorney for the Commonwealth\nthat a copy of the notice has been mailed or delivered to opposing counsel. The\nnotice of filing of the transcript or written statement of facts shall be filed\nwithin three days of the filing of the transcript or written statement of facts\nor within 14 days of the order of the circuit court, whichever is later.\n\t\tAny party may object to the transcript or written statement of facts on the\nground that it is erroneous or incomplete. Notice of the objection specifying\nthe errors alleged or deficiencies asserted shall be tendered to the trial judge\nwithin 10 days after the notice of filing of the transcript or written statement\nof facts is filed in the office of the clerk. The trial judge shall, within\nthree days after the filing of such objection, either overrule the objection, or\ntake steps deemed necessary to make the record complete or certify the respect\nin which the record is incomplete, and sign the transcript or written statement\nof facts to verify its accuracy. The clerk of the trial court shall forthwith\ntransmit the record to the clerk of the Court of Appeals.\n\nHISTORY: 1987, c. 710; 2003, c. 109; 2014, cc. 33, 294.","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}}