Code of Virginia
Chapter 4 - The Court of Appeals
§ 17.1-408. Time for filing; notice; opening brief; petition

The notice of appeal to the Court of Appeals shall be filed in every case within the court's appellate jurisdiction as provided in § 8.01-675.3. The opening brief in a criminal case shall be filed not more than 40 days after the filing of the record with the Court of Appeals. However, an extension may be granted in the discretion of the Court of Appeals on motion for good cause shown. In an appeal pursuant to subsection B or C of § 19.2-398, the petition for appeal shall be presented within the 40-day time limitation provided in this section.
Upon receiving a notice of appeal in a criminal case or, if notice of the appeal is received by the clerk prior to the entry of final judgment, upon entry of final judgment, the clerk of the circuit court shall cause a transcript to be prepared of the trial and any other circuit court proceedings, as requested by the appellant in the notice of appeal or by order of the circuit court, at the expense of the Commonwealth.
1984, c. 701, § 17-116.05:3; 1998, c. 872; 2021, Sp. Sess. I, c. 489; 2022, c. 714.

Structure Code of Virginia

Code of Virginia

Title 17.1 - Courts of Record

Chapter 4 - The Court of Appeals

§ 17.1-400. Creation and organization; election and terms of judges; oath; vacancies; qualifications; incompatible activities prohibited; chief judge

§ 17.1-401. Senior judge

§ 17.1-402. Sessions; panels; quorum; presiding judges; hearings en banc

§ 17.1-403. Rules of practice, procedure, and internal processes; promulgation by Supreme Court; amendments; summary disposition of appeals

§ 17.1-404. Original jurisdiction in matters of contempt and injunctions, writs of mandamus, prohibition and habeas corpus

§ 17.1-405. Appellate jurisdiction - Administrative agency, Virginia Workers' Compensation Commission, and civil matter appeals

§ 17.1-406. Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction

§ 17.1-407. Procedures on appeal

§ 17.1-408. Time for filing; notice; opening brief; petition

§ 17.1-409. Certification to the Supreme Court

§ 17.1-410. Disposition of appeals; finality of decisions

§ 17.1-411. Review by the Supreme Court

§ 17.1-412. Affirmance, reversal, or modification of judgment; petition for appeal to Supreme Court upon award of new trial

§ 17.1-413. Opinions; reporting, printing and electronic publication

§ 17.1-414. Facilities and supplies

§ 17.1-415. Compensation for judges; expenses

§ 17.1-416. Clerk; seal; deputies and other employees; clerk's fees

§ 17.1-417. Support staff

§ 17.1-418. Fees charged by Clerk of the Court of Appeals