                                 CODE OF VIRGINIA

PRETRIAL APPEALS; RECORD ON APPEAL; TRANSCRIPT; WRITTEN STATEMENT OF FACTS; TIME
FOR FILING (§ 19.2-405)

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.
		Any 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.

HISTORY: 1987, c. 710; 2003, c. 109; 2014, cc. 33, 294.