Virginia statute
Va. Code Ann. § 19.2-401 — Cross appeal; when allowed; time for filing
Current through 2026 Regular Session
Part of Chapter 25: Appeals by the Commonwealth, Code of Virginia.
Full text of Va. Code Ann. § 19.2-401
Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.
The defendant shall have no independent right of appeal pursuant to § 19.2-398 . If the Commonwealth appeals, the defendant may cross appeal from any orders from which the Commonwealth may appeal, pursuant to § 19.2-398 . The defendant shall be under no obligation to defend an appeal filed by the Commonwealth. However, when an appeal is taken by the Commonwealth, and the defendant wishes to defend or cross appeal, the circuit court shall, where the defendant is indigent, appoint counsel to represent the defendant on appeal. The remuneration to be awarded appointed counsel shall be governed by § 19.2-326 .
In pretrial appeals, the defendant shall file a notice of cross appeal with the clerk of the circuit court within seven days following the notice of appeal filed by the Commonwealth.
Any brief on cross appeal shall be consolidated with the defendant's brief as appellee, if any.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.