                                 CODE OF VIRGINIA

PROCEDURES ON PETITION FOR PRETRIAL APPEAL (§ 19.2-403)

The procedures on a pretrial appeal to the Court of Appeals by the Commonwealth
pursuant to subsections A and E of § 19.2-398, and on a cross appeal of a
pretrial appeal by the accused pursuant to § 19.2-401, shall be governed by the
provisions of subsections C and D of § 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.
		No 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&#8217;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.

HISTORY: 1987, c. 710; 2003, c. 109; 2021, Sp. Sess. I, c. 489.