Bill Text: VA SB69 | 2014 | Regular Session | Chaptered
Bill Title: Pretrial appeals; transcript or written statement of facts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-03-24 - Governor: Acts of Assembly Chapter text (CHAP0294) [SB69 Detail]
Download: Virginia-2014-SB69-Chaptered.html
Be it enacted by the General Assembly of Virginia: 1. That §§19.2-402 and 19.2-405 of the Code of Virginia are amended and reenacted as follows: §19.2-402. Petition for appeal; brief in opposition; time for filing. A. When a notice of appeal has been filed pursuant to § 19.2-400, the Commonwealth may petition the Court of Appeals for an appeal pursuant to §19.2-398. The Commonwealth shall be represented by the attorney for the Commonwealth prosecuting the case. B. The provisions of this subsection apply only to pretrial
appeals. The petition for a pretrial appeal shall be filed with the clerk of
the Court of Appeals not more than 14 days after the §19.2-405. Pretrial appeals; record on appeal; transcript; written statement of facts; time for filing. This section applies only to pretrial appeals. The record on
appeal shall conform, as nearly as practicable, to the requirements of Part
Five A of the Rules of the Supreme Court for the record on appeal, except as
hereinafter provided. The transcript or written statement of facts shall be
filed Any party may object to the transcript or written statement of facts on the ground that it is erroneous or incomplete. Notice of the objection specifying the errors alleged or deficiencies asserted shall be tendered to the trial judge within 10 days after the notice of filing of the transcript or written statement of facts is filed in the office of the clerk. The trial judge shall, within three days after the filing of such objection, either overrule the objection, or take steps deemed necessary to make the record complete or certify the respect in which the record is incomplete, and sign the transcript or written statement of facts to verify its accuracy. The clerk of the trial court shall forthwith transmit the record to the clerk of the Court of Appeals. |