                                 CODE OF VIRGINIA

PROCEDURES ON AWARDED PRETRIAL APPEAL (§ 19.2-404)

This section applies only to pretrial appeals. If the Court of Appeals grants
the Commonwealth&#8217;s petition for a pretrial appeal, the Attorney General
shall represent the Commonwealth during that appeal.
		The 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&#8217;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&#8217;s brief or after the time for filing such brief has expired.
		When 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.

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