                                 CODE OF VIRGINIA

PETITION FOR APPEAL; BRIEF IN OPPOSITION; TIME FOR FILING (§ 19.2-402)

A. When a notice of appeal has been filed pursuant to &#xA7; 19.2-400, the
Commonwealth may petition the Court of Appeals for an appeal pursuant to &#xA7;
19.2-398. The Commonwealth shall be represented by the attorney for the
Commonwealth prosecuting the case.

B. 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 &#xA7; 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.

HISTORY: 1987, c. 710; 2003, c. 109; 2014, cc. 33, 294; 2021, Sp. Sess. I, c.
489; 2023, cc. 314, 315.