{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/19.2-321.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/19.2-321.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/19.2-321.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/19.2-321.2.html"}],"law_id":351663,"edition_id":2,"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","history":"2005, c. 836; 2011, c. 278; 2017, cc. 77, 79; 2021, Sp. Sess. I, cc. 344, 345, 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 Court of Appeals or the circuit court or an officer or employee of either, an appeal from the Court of Appeals to the Supreme Court 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 contained in the petition for appeal did not adhere to proper form or procedures, or (iv) been denied or 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 Supreme Court within six months after the appeal has been dismissed or denied, the conviction has been affirmed, or the Court of Appeals judgment sought to be appealed has become final, whichever is later. Such motion shall identify by the style, date, and Court of Appeals record number of the judgment sought to be appealed, and, if one was assigned in a prior attempt to appeal the judgment to the Supreme Court, shall give the record number assigned in the Supreme Court 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 Rule 5:4 of the 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 Supreme Court shall, if the motion meets the requirements of this section, grant appellant leave to initiate or re-initiate pursuit of the appeal from the Court of Appeals to the Supreme Court.\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 Supreme Court 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":1309055,"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 Court of Appeals or the circuit court or an officer or employee of either, an appeal from the Court of Appeals to the Supreme Court 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 contained in the petition for appeal did not adhere to proper form or procedures, or (iv) been denied or 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 Supreme Court within six months after the appeal has been dismissed or denied, the conviction has been affirmed, or the Court of Appeals judgment sought to be appealed has become final, whichever is later. Such motion shall identify by the style, date, and Court of Appeals record number of the judgment sought to be appealed, and, if one was assigned in a prior attempt to appeal the judgment to the Supreme Court, shall give the record number assigned in the Supreme Court 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":1309056,"text":"Service, response, and disposition. Such motion shall be served on the attorney for the Commonwealth and the Attorney General, in accordance with Rule 5:4 of the 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 Supreme Court shall, if the motion meets the requirements of this section, grant appellant leave to initiate or re-initiate pursuit of the appeal from the Court of Appeals to the Supreme Court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1309057,"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 Supreme Court 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":1309058,"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-321.2\/","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":1396741,"object_type":"law","relational_id":351663,"identifier":"19.2-321.2","token":"19.2\/19\/19.2-321.2","url":"\/19.2-321.2\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/19.2-321.2\/","token":"19.2\/19\/19.2-321.2","dublin_core":{"Title":"Motion in the Supreme Court for delayed appeal in criminal cases","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-321.2","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 Court of Appeals<\/span> or the circuit<\/span> court or an officer or employee of either, an appeal<\/span> from the Court of Appeals<\/span> to the Supreme Court 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 contained in the petition<\/span> for appeal<\/span> did not adhere to proper form or procedures, or (iv) been denied or 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 Supreme Court within six months after the appeal<\/span> has been dismissed or denied, the conviction<\/span> has been affirmed<\/span>, or the Court of Appeals<\/span> judgment<\/span> sought to be appealed has become final, whichever is later. Such motion<\/span> shall identify by the style, date, and Court of Appeals<\/span> 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> to the Supreme Court, shall give the record number assigned in the Supreme Court 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 Rule 5:4 of the 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 Supreme Court 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> from the Court of Appeals<\/span> to the Supreme Court. <\/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 Supreme Court 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 SUPREME COURT FOR DELAYED APPEAL IN CRIMINAL CASES (\u00a7 19.2-321.2)\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 Court of\nAppeals or the circuit court or an officer or employee of either, an appeal from\nthe Court of Appeals to the Supreme Court in a criminal case has (i) never been\ninitiated, (ii) been dismissed for failure to adhere to proper form, procedures,\nor time limits in the perfection of the appeal, (iii) been dismissed in part\nbecause at least one assignment of error contained in the petition for appeal\ndid not adhere to proper form or procedures, or (iv) been denied or the\nconviction has been affirmed for failure to file or timely file the\nindispensable transcript or written statement of facts as required by law or by\nthe Rules of Supreme Court, then a motion for leave to pursue a delayed appeal\nmay be filed in the Supreme Court within six months after the appeal has been\ndismissed or denied, the conviction has been affirmed, or the Court of Appeals\njudgment sought to be appealed has become final, whichever is later. Such motion\nshall identify by the style, date, and Court of Appeals record number of the\njudgment sought to be appealed, and, if one was assigned in a prior attempt to\nappeal the judgment to the Supreme Court, shall give the record number assigned\nin the Supreme Court in that proceeding, and shall set forth the specific facts\nestablishing the said error, neglect, or fault. If the error, neglect, or fault\nis alleged to be that of an attorney representing the appellant, the motion\nshall be accompanied by the affidavit of the attorney whose error, neglect, or\nfault is alleged, verifying the specific facts alleged in the motion, and\ncertifying that the appellant is not personally responsible, in whole or in\npart, for the error, neglect, or fault causing loss of the original opportunity\nfor 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 Rule\n5:4 of the 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 Supreme Court shall, if the motion meets the\nrequirements of this section, grant appellant leave to initiate or re-initiate\npursuit of the appeal from the Court of Appeals to the Supreme Court.\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 Supreme Court granting the motion, or if the appellant has been determined\nto be indigent, from the date of the order by the circuit court appointing\ncounsel to represent the appellant in the delayed appeal, whichever is 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, cc.\n344, 345, 489; 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"}}