19.2-402 - Petition for appeal; brief in opposition; time for filing. - Virginia Statutes

§ 19.2-402. Petition for appeal; brief in opposition; time for filing.

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

B. The provisions of this subsection apply only to pretrial appeals. Thepetition for a pretrial appeal shall be filed with the clerk of the Court ofAppeals not more than 14 days after the date that the transcript or writtenstatement of facts is filed, or if there are objections thereto, within 14days after the judge signs the transcript or written statement. The accusedmay file a brief in opposition with the clerk of the Court of Appeals within14 days after the filing of the petition for pretrial appeal. If the accusedhas filed a notice of cross appeal, he shall file a petition for cross appealto be consolidated with, and filed within the same time period as, his briefin opposition. The Commonwealth may file a brief in opposition to anypetition for cross appeal within 10 days after the petition for cross appealis filed. Except as specifically provided in this section, all otherrequirements for the petition for pretrial appeal and brief in oppositionshall conform as nearly as practicable to Part Five A of the Rules of theSupreme Court of Virginia.

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