19.2-403 - Procedures on petition for pretrial appeal. - Virginia Statutes

§ 19.2-403. Procedures on petition for pretrial appeal.

The procedures on a pretrial appeal to the Court of Appeals by theCommonwealth pursuant to § 19.2-398, and on a cross appeal of a pretrialappeal by the accused pursuant to § 19.2-401, shall be governed by theprovisions 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 thepetition for cross appeal, if any, not later than 30 days after the brief inopposition is timely filed or the time for such filing has expired.

No petition for rehearing may be filed in any pretrial appeal pursuant tothis chapter. If the petition for a pretrial appeal pursuant to this chapteris denied, the Court's mandate shall immediately issue and the clerk of theCourt of Appeals shall return the record forthwith to the clerk of the trialcourt.

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