{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/19.2-321.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/19.2-321.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/19.2-321.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/19.2-321.1.html"}],"law_id":351662,"edition_id":2,"section_id":351662,"structure_id":50293,"section_number":"19.2-321.1","catch_line":"Motion in the Court of Appeals for delayed appeal in criminal cases","history":"2005, c. 836; 2011, c. 278; 2017, cc. 77, 79; 2021, Sp. Sess. I, c. 489; 2022, c. 714.","full_text":"A\n\nFiling and content of motion. When, due to the error, neglect, or fault of counsel representing the appellant, or of the court reporter, or of the circuit court or an officer or employee thereof, an appeal, in whole or in part, in a criminal case has (i) never been initiated, (ii) been dismissed for failure to adhere to proper form, procedures, or time limits in the perfection of the appeal, (iii) been dismissed in part because at least one assignment of error did not adhere to proper form of procedures, or (iv) the conviction has been affirmed for failure to file or timely file the indispensable transcript or written statement of facts as required by law or by the Rules of Supreme Court, then a motion for leave to pursue a delayed appeal may be filed in the Court of Appeals within six months after the appeal has been dismissed, the conviction has been affirmed, or the circuit court judgment sought to be appealed has become final, whichever is later. Such motion shall identify the circuit court and the style, date, and circuit court record number of the judgment sought to be appealed, and, if one was assigned in a prior attempt to appeal the judgment, shall give the Court of Appeals record number in that proceeding, and shall set forth the specific facts establishing the said error, neglect, or fault. If the error, neglect, or fault is alleged to be that of an attorney representing the appellant, the motion shall be accompanied by the affidavit of the attorney whose error, neglect, or fault is alleged, verifying the specific facts alleged in the motion, and certifying that the appellant is not personally responsible, in whole or in part, for the error, neglect, or fault causing loss of the original opportunity for appeal.\n\nB\n\nService, response, and disposition. Such motion shall be served on the attorney for the Commonwealth and the Attorney General, in accordance with the Rules of Supreme Court. If the Commonwealth disputes the facts alleged in the motion, or contends that those facts do not entitle the appellant to a delayed appeal under this section, the motion shall be denied without prejudice to the appellant’s right to seek a delayed appeal by means of petition for a writ of habeas corpus. Otherwise, the Court of Appeals shall, if the motion meets the requirements of this section, grant appellant leave to initiate or re-initiate pursuit of the appeal.\n\nC\n\nTime limits when motion granted. If the motion is granted, all computations of time under the Rules of Supreme Court shall run from the date of the order of the Court of Appeals granting the motion, or if the appellant has been determined to be indigent, from the date of the order by the circuit court appointing counsel to represent the appellant in the delayed appeal, whichever is later.\n\nD\n\nApplicability. The provisions of this section shall not apply to cases in which the appellant is responsible, in whole or in part, for the error, neglect, or fault causing loss of the original opportunity for appeal, nor shall it apply in cases where the claim of error, neglect, or fault has already been alleged and rejected in a prior judicial proceeding.\n\n","order_by":null,"text":{"0":{"id":1309051,"text":"Filing and content of motion. When, due to the error, neglect, or fault of counsel representing the appellant, or of the court reporter, or of the circuit court or an officer or employee thereof, an appeal, in whole or in part, in a criminal case has (i) never been initiated, (ii) been dismissed for failure to adhere to proper form, procedures, or time limits in the perfection of the appeal, (iii) been dismissed in part because at least one assignment of error did not adhere to proper form of procedures, or (iv) the conviction has been affirmed for failure to file or timely file the indispensable transcript or written statement of facts as required by law or by the Rules of Supreme Court, then a motion for leave to pursue a delayed appeal may be filed in the Court of Appeals within six months after the appeal has been dismissed, the conviction has been affirmed, or the circuit court judgment sought to be appealed has become final, whichever is later. Such motion shall identify the circuit court and the style, date, and circuit court record number of the judgment sought to be appealed, and, if one was assigned in a prior attempt to appeal the judgment, shall give the Court of Appeals record number in that proceeding, and shall set forth the specific facts establishing the said error, neglect, or fault. If the error, neglect, or fault is alleged to be that of an attorney representing the appellant, the motion shall be accompanied by the affidavit of the attorney whose error, neglect, or fault is alleged, verifying the specific facts alleged in the motion, and certifying that the appellant is not personally responsible, in whole or in part, for the error, neglect, or fault causing loss of the original opportunity for appeal.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1309052,"text":"Service, response, and disposition. Such motion shall be served on the attorney for the Commonwealth and the Attorney General, in accordance with the Rules of Supreme Court. If the Commonwealth disputes the facts alleged in the motion, or contends that those facts do not entitle the appellant to a delayed appeal under this section, the motion shall be denied without prejudice to the appellant’s right to seek a delayed appeal by means of petition for a writ of habeas corpus. Otherwise, the Court of Appeals shall, if the motion meets the requirements of this section, grant appellant leave to initiate or re-initiate pursuit of the appeal.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1309053,"text":"Time limits when motion granted. If the motion is granted, all computations of time under the Rules of Supreme Court shall run from the date of the order of the Court of Appeals granting the motion, or if the appellant has been determined to be indigent, from the date of the order by the circuit court appointing counsel to represent the appellant in the delayed appeal, whichever is later.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1309054,"text":"Applicability. The provisions of this section shall not apply to cases in which the appellant is responsible, in whole or in part, for the error, neglect, or fault causing loss of the original opportunity for appeal, nor shall it apply in cases where the claim of error, neglect, or fault has already been alleged and rejected in a prior judicial proceeding.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":50293,"edition_id":2,"name":"Exceptions and Writs of Error","identifier":"19","label":"chapter","depth":2,"order_by":23,"parent_id":50226,"metadata":{"child_laws":17,"child_structures":0},"date_created":"2026-08-02 02:26:14","date_modified":"2026-08-02 12:30:45","permalink":{"id":1396711,"object_type":"structure","relational_id":50293,"identifier":"19","token":"19.2\/19","url":"\/19.2\/19\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50226,"edition_id":2,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":54,"parent_id":null,"metadata":{"child_laws":771,"child_structures":99},"date_created":"2026-08-02 02:25:04","date_modified":"2026-08-02 12:30:30","permalink":{"id":1395171,"object_type":"structure","relational_id":50226,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":351657,"structure_id":50293,"section_number":"19.2-317","catch_line":"When writ of error lies in criminal case for accused; when for Commonwealth; when for county, city or town","url":"\/19.2-317\/","token":"19.2\/19\/19.2-317","metadata":false},{"id":351656,"structure_id":50293,"section_number":"19.2-317.1","catch_line":"Repealed","url":"\/19.2-317.1\/","token":"19.2\/19\/19.2-317.1","metadata":false},{"id":351658,"structure_id":50293,"section_number":"19.2-318","catch_line":"Appeal on writ of error to judgment for contempt","url":"\/19.2-318\/","token":"19.2\/19\/19.2-318","metadata":false},{"id":351659,"structure_id":50293,"section_number":"19.2-319","catch_line":"When execution of sentence to be suspended; bail; appeal from denial","url":"\/19.2-319\/","token":"19.2\/19\/19.2-319","metadata":false},{"id":351661,"structure_id":50293,"section_number":"19.2-320","catch_line":"Petitioner for writ of error to comply with Rules of Court","url":"\/19.2-320\/","token":"19.2\/19\/19.2-320","metadata":false},{"id":351664,"structure_id":50293,"section_number":"19.2-321","catch_line":"With whom petition for writ of error filed","url":"\/19.2-321\/","token":"19.2\/19\/19.2-321","metadata":false},{"id":351662,"structure_id":50293,"section_number":"19.2-321.1","catch_line":"Motion in the Court of Appeals for delayed appeal in criminal cases","url":"\/19.2-321.1\/","token":"19.2\/19\/19.2-321.1","metadata":false},{"id":351663,"structure_id":50293,"section_number":"19.2-321.2","catch_line":"Motion in the Supreme Court for delayed appeal in criminal cases","url":"\/19.2-321.2\/","token":"19.2\/19\/19.2-321.2","metadata":false},{"id":351666,"structure_id":50293,"section_number":"19.2-322","catch_line":"Repealed","url":"\/19.2-322\/","token":"19.2\/19\/19.2-322","metadata":false},{"id":351665,"structure_id":50293,"section_number":"19.2-322.1","catch_line":"Suspension of execution of judgment on appeal","url":"\/19.2-322.1\/","token":"19.2\/19\/19.2-322.1","metadata":false},{"id":351667,"structure_id":50293,"section_number":"19.2-323","catch_line":"Denial by judge or justice no bar to allowance by Court","url":"\/19.2-323\/","token":"19.2\/19\/19.2-323","metadata":false},{"id":351669,"structure_id":50293,"section_number":"19.2-324","catch_line":"Decision of appellate court","url":"\/19.2-324\/","token":"19.2\/19\/19.2-324","metadata":false},{"id":351668,"structure_id":50293,"section_number":"19.2-324.1","catch_line":"Erroneously admitted evidence; appeal","url":"\/19.2-324.1\/","token":"19.2\/19\/19.2-324.1","metadata":false},{"id":351670,"structure_id":50293,"section_number":"19.2-325","catch_line":"Provisions which apply to criminal as well as civil cases; when plaintiff in error unable to pay printing costs","url":"\/19.2-325\/","token":"19.2\/19\/19.2-325","metadata":false},{"id":351671,"structure_id":50293,"section_number":"19.2-326","catch_line":"Payment of expenses of appeals of indigent defendants","url":"\/19.2-326\/","token":"19.2\/19\/19.2-326","metadata":false},{"id":351692,"structure_id":50293,"section_number":"19.2-327","catch_line":"How judgment of appellate court certified and entered","url":"\/19.2-327\/","token":"19.2\/19\/19.2-327","metadata":false},{"id":351672,"structure_id":50293,"section_number":"19.2-327.01","catch_line":"Repealed","url":"\/19.2-327.01\/","token":"19.2\/19\/19.2-327.01","metadata":false}],"previous_section":{"id":351664,"structure_id":50293,"section_number":"19.2-321","catch_line":"With whom petition for writ of error filed","url":"\/19.2-321\/","token":"19.2\/19\/19.2-321","metadata":false},"next_section":{"id":351663,"structure_id":50293,"section_number":"19.2-321.2","catch_line":"Motion in the Supreme Court for delayed appeal in criminal cases","url":"\/19.2-321.2\/","token":"19.2\/19\/19.2-321.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-321.1\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 836<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2011, chapter 278<\/a>; in 2017, chapters 77<\/a> and 79<\/a>; in 2022, chapter 714<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1396737,"object_type":"law","relational_id":351662,"identifier":"19.2-321.1","token":"19.2\/19\/19.2-321.1","url":"\/19.2-321.1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/19.2-321.1\/","token":"19.2\/19\/19.2-321.1","dublin_core":{"Title":"Motion in the Court of Appeals for delayed appeal in criminal cases","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-321.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Filing and content of motion<\/span>. When, due to the error, neglect, or fault of counsel<\/span> representing the appellant<\/span>, or of the court reporter<\/span>, or of the circuit<\/span> court or an officer or employee thereof, an appeal<\/span>, in whole or in part, in a criminal case has (i) never been initiated, (ii) been dismissed for failure to adhere to proper form, procedures, or time limits in the perfection of the appeal<\/span>, (iii) been dismissed in part because at least one assignment of error did not adhere to proper form of procedures, or (iv) the conviction<\/span> has been affirmed<\/span> for failure to file or timely file the indispensable transcript<\/span> or written statement of facts<\/span> as required by law<\/span> or by the Rules of Supreme Court, then a motion<\/span> for leave to pursue a delayed appeal<\/span> may be filed in the Court of Appeals<\/span> within six months after the appeal<\/span> has been dismissed, the conviction<\/span> has been affirmed<\/span>, or the circuit<\/span> court judgment<\/span> sought to be appealed has become final, whichever is later. Such motion<\/span> shall identify the circuit<\/span> court and the style, date, and circuit<\/span> court record number of the judgment<\/span> sought to be appealed, and, if one was assigned in a prior attempt to appeal<\/span> the judgment<\/span>, shall give the Court of Appeals<\/span> record number in that proceeding, and shall set forth the specific facts establishing the said error, neglect, or fault. If the error, neglect, or fault is alleged to be that of an attorney representing the appellant<\/span>, the motion<\/span> shall be accompanied by the affidavit<\/span> of the attorney whose error, neglect, or fault is alleged, verifying the specific facts alleged in the motion<\/span>, and certifying that the appellant<\/span> is not personally responsible, in whole or in part, for the error, neglect, or fault causing loss of the original opportunity for appeal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Service, response, and disposition<\/span>. Such motion<\/span> shall be served on the attorney for the Commonwealth and the Attorney General<\/span>, in accordance with the Rules of Supreme Court. If the Commonwealth disputes the facts alleged in the motion<\/span>, or contends that those facts do not entitle the appellant<\/span> to a delayed appeal<\/span> under this section, the motion<\/span> shall be denied without prejudice to the appellant<\/span>’s right to seek a delayed appeal<\/span> by means of petition<\/span> for a writ<\/span> of habeas corpus<\/span>. Otherwise, the Court of Appeals<\/span> shall, if the motion<\/span> meets the requirements of this section, grant appellant<\/span> leave to initiate or re-initiate pursuit of the appeal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Time limits when motion<\/span> granted. If the motion<\/span> is granted, all computations of time under the Rules of Supreme Court shall run from the date of the order<\/span> of the Court of Appeals<\/span> granting the motion<\/span>, or if the appellant<\/span> has been determined to be indigent<\/span>, from the date of the order<\/span> by the circuit<\/span> court appointing counsel<\/span> to represent the appellant<\/span> in the delayed appeal<\/span>, whichever is later. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Applicability. The provisions of this section shall not apply to cases in which the appellant<\/span> is responsible, in whole or in part, for the error, neglect, or fault causing loss of the original opportunity for appeal<\/span>, nor shall it apply in cases where the claim of error, neglect, or fault has already been alleged and rejected in a prior judicial proceeding. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMOTION IN THE COURT OF APPEALS FOR DELAYED APPEAL IN CRIMINAL CASES (\u00a7\n19.2-321.1)\n\nA. Filing and content of motion. When, due to the error, neglect, or fault of\ncounsel representing the appellant, or of the court reporter, or of the circuit\ncourt or an officer or employee thereof, an appeal, in whole or in part, in a\ncriminal case has (i) never been initiated, (ii) been dismissed for failure to\nadhere to proper form, procedures, or time limits in the perfection of the\nappeal, (iii) been dismissed in part because at least one assignment of error\ndid not adhere to proper form of procedures, or (iv) the conviction has been\naffirmed for failure to file or timely file the indispensable transcript or\nwritten statement of facts as required by law or by the Rules of Supreme Court,\nthen a motion for leave to pursue a delayed appeal may be filed in the Court of\nAppeals within six months after the appeal has been dismissed, the conviction\nhas been affirmed, or the circuit court judgment sought to be appealed has\nbecome final, whichever is later. Such motion shall identify the circuit court\nand the style, date, and circuit court record number of the judgment sought to\nbe appealed, and, if one was assigned in a prior attempt to appeal the judgment,\nshall give the Court of Appeals record number in that proceeding, and shall set\nforth the specific facts establishing the said error, neglect, or fault. If the\nerror, neglect, or fault is alleged to be that of an attorney representing the\nappellant, the motion shall be accompanied by the affidavit of the attorney\nwhose error, neglect, or fault is alleged, verifying the specific facts alleged\nin the motion, and certifying that the appellant is not personally responsible,\nin whole or in part, for the error, neglect, or fault causing loss of the\noriginal opportunity for appeal.\n\nB. Service, response, and disposition. Such motion shall be served on the\nattorney for the Commonwealth and the Attorney General, in accordance with the\nRules of Supreme Court. If the Commonwealth disputes the facts alleged in the\nmotion, or contends that those facts do not entitle the appellant to a delayed\nappeal under this section, the motion shall be denied without prejudice to the\nappellant’s right to seek a delayed appeal by means of petition for a writ\nof habeas corpus. Otherwise, the Court of Appeals shall, if the motion meets the\nrequirements of this section, grant appellant leave to initiate or re-initiate\npursuit of the appeal.\n\nC. Time limits when motion granted. If the motion is granted, all computations\nof time under the Rules of Supreme Court shall run from the date of the order of\nthe Court of Appeals granting the motion, or if the appellant has been\ndetermined to be indigent, from the date of the order by the circuit court\nappointing counsel to represent the appellant in the delayed appeal, whichever\nis later.\n\nD. Applicability. The provisions of this section shall not apply to cases in\nwhich the appellant is responsible, in whole or in part, for the error, neglect,\nor fault causing loss of the original opportunity for appeal, nor shall it apply\nin cases where the claim of error, neglect, or fault has already been alleged\nand rejected in a prior judicial proceeding.\n\nHISTORY: 2005, c. 836; 2011, c. 278; 2017, cc. 77, 79; 2021, Sp. Sess. I, c.\n489; 2022, c. 714.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}