19.2-400 - Appeal lies to the Court of Appeals; time for filing notice. - Virginia Statutes

§ 19.2-400. Appeal lies to the Court of Appeals; time for filing notice.

An appeal taken pursuant to § 19.2-398, including such an appeal in a capitalmurder case, shall lie to the Court of Appeals of Virginia.

No appeal shall be allowed the Commonwealth pursuant to subsection A of §19.2-398 unless within seven days after entry of the order of the circuitcourt from which the appeal is taken, and before a jury is impaneled andsworn if there is to be trial by jury or, in cases to be tried without ajury, before the court begins to hear or receive evidence or the firstwitness is sworn, whichever occurs first, the Commonwealth files a notice ofappeal with the clerk of the trial court. If the appeal relates to suppressedevidence, the attorney for the Commonwealth shall certify in the notice ofappeal that the appeal is not taken for the purpose of delay and that theevidence is substantial proof of a fact material to the proceeding. All otherrequirements related to the notice of appeal shall be governed by Part Five Aof the Rules of the Supreme Court. Upon the filing of a timely notice ofappeal, the order from which the pretrial appeal is taken and further trialproceedings in the circuit court, except for a bail hearing, shall thereby besuspended pending disposition of the appeal.

An appeal by the Commonwealth pursuant to subsection C of § 19.2-398 shall begoverned by Part Five A of the Rules of the Supreme Court.

(1987, c. 710; 2003, c. 109.)