State Codes and Statutes
Statutes > Virginia > Title-19-2 > Chapter-25 > 19-2-404§ 19.2-404. Procedures on awarded pretrial appeal.
This section applies only to pretrial appeals. If the Court of Appeals grantsthe Commonwealth's petition for a pretrial appeal, the Attorney General shallthereafter represent the Commonwealth during that appeal.
The Commonwealth shall file its opening brief in the office of the clerk ofthe Court of Appeals within 25 days after the date of the certificateawarding the appeal. The brief of the appellee shall be filed in the officeof the clerk of the Court of Appeals within 25 days after the filing of theCommonwealth's opening brief. The Commonwealth may then file a reply brief,including its response to any cross appeal, in the office of the clerk of theCourt of Appeals within 15 days after the filing of the brief of the accused.With the permission of a judge of the Court of Appeals, the time for filingany brief may be extended for good cause shown. Four copies of each briefshall be filed and three copies shall be mailed or delivered to opposingcounsel on or before the date of filing. Except as specifically provided inthis section, all other requirements of the brief shall conform as nearly aspracticable to Part Five A of the Rules of the Supreme Court of Virginia. TheCourt of Appeals shall accelerate the appeal on its docket and render itsdecision not later than 60 days after the filing of the appellee's brief orafter the time for filing such brief has expired.
When the opinion is rendered by the Court of Appeals, the mandate shallimmediately issue and the clerk of the Court of Appeals shall return therecord forthwith to the clerk of the trial court. No petition for rehearingmay be filed.
(1987, c. 710; 2003, c. 109.)
