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VIRGINIA STATUTES AND CODES

8.01-675.3 - Time within which appeal must be taken; notice.

§ 8.01-675.3. Time within which appeal must be taken; notice.

Except as provided in § 19.2-400 for pretrial appeals by the Commonwealth incriminal cases and in § 19.2-401 for cross appeals by the defendant in suchpretrial appeals a notice of appeal to the Court of Appeals in any casewithin the jurisdiction of the court shall be filed within 30 days from thedate of any final judgment order, decree or conviction. When an appeal froman interlocutory decree or order is permitted, the appeal shall be filedwithin 30 days from the date of such decree or order, except for pretrialappeals pursuant to § 19.2-398.

For purposes of this section, § 17.1-408, and an appeal pursuant to §19.2-398, a petition for appeal in a criminal case or a notice of appeal tothe Court of Appeals, shall be deemed to be timely filed if (i) it is mailedpostage prepaid by registered or certified mail and (ii) the official postalreceipt, showing mailing within the prescribed time limits, is exhibited upondemand of the clerk or any party.

(1984, c. 703; 1987, c. 710; 2003, c. 109.)

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