Virginia law section 19.2-402 outlines the procedures for filing petitions for appeal, including pretrial appeals, and specifies timelines for filing briefs in opposition. It details the process for both the appellant and the Commonwealth, including cross appeals and conforming to Supreme Court rules. The law emphasizes strict deadlines and procedural requirements for appeals in criminal cases.
The petition must be filed within 14 days after the notice of transcript or written statement of facts is filed or after the judge signs the transcript, whichever is applicable.
Yes, the accused may file a brief in opposition within 14 days after the petition for pretrial appeal is filed.
If the accused files a notice of cross appeal, they must file a petition for cross appeal within the same 14-day period as their brief in opposition, and the Commonwealth can file a brief within 10 days of the cross appeal.
Yes, unless specifically provided otherwise, the procedures conform as nearly as practicable to Part Five A of the Rules of the Supreme Court of Virginia.