                                 CODE OF VIRGINIA

PROCEDURES ON AWARDED PRETRIAL APPEAL (§ 19.2-404)

This section applies only to pretrial appeals. If the Court of Appeals grants
the Commonwealth&#8217;s petition for a pretrial appeal, the Attorney General
shall represent the Commonwealth during that appeal.

The Commonwealth shall file its opening brief in the office of the clerk of the
Court of Appeals within 25 days after the date of the certificate awarding the
appeal. The brief of the appellee shall be filed in the office of the clerk of
the Court of Appeals within 25 days after the filing of the Commonwealth&#8217;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 the Court 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 filing any brief may be
extended for good cause shown. Except as specifically provided in this section,
all other requirements of the brief shall conform as nearly as practicable to
Part Five A of the Rules of the Supreme Court of Virginia. The Court of Appeals
shall accelerate the appeal on its docket and render its decision not later than
60 days after the filing of the appellee&#8217;s brief or after the time for
filing such brief has expired.

When the opinion is rendered by the Court of Appeals, the mandate shall
immediately issue and the clerk of the Court of Appeals shall return the record
forthwith to the clerk of the trial court. No petition for rehearing may be
filed.

HISTORY: 1987, c. 710; 2003, c. 109; 2021, Sp. Sess. I, c. 489; 2023, cc. 314,
315.