19.2-405 - Pretrial appeals; record on appeal; transcript; written statement; time for filing.
§ 19.2-405. Pretrial appeals; record on appeal; transcript; writtenstatement; time for filing.
This section applies only to pretrial appeals. The record on appeal shallconform, as nearly as practicable, to the requirements of Part Five A of theRules of the Supreme Court for the record on appeal, except as hereinafterprovided. The transcript or written statement of facts shall be filed by theCommonwealth with the clerk of the circuit court from which the appeal isbeing taken, within 25 days following entry of the order of the circuitcourt. Upon motion of the Commonwealth, the Court of Appeals may grant anextension of up to 45 days for filing the transcript or written statement forgood cause shown. If the Commonwealth files a transcript or writtenstatement, it shall also file with the clerk of the circuit court a notice,signed by the attorney for the Commonwealth, who is counsel for theappellant, identifying the transcript or written statement and reciting itsdelivery to the clerk. There shall be appended to the notice a certificate bythe attorney for the Commonwealth that a copy of the notice has been mailedor delivered to opposing counsel.
Any party may object to the transcript or written statement on the groundthat it is erroneous or incomplete. Notice of the objection specifying theerrors alleged or deficiencies asserted shall be tendered to the trial judgewithin 10 days after the transcript or written statement is filed in theoffice of the clerk. The trial judge shall, within three days after thefiling of such objection, either overrule the objection, or take steps deemednecessary to make the record complete or certify the respect in which therecord is incomplete, and sign the transcript or written statement to verifyits accuracy. The clerk of the trial court shall forthwith transmit therecord to the clerk of the Court of Appeals.
(1987, c. 710; 2003, c. 109.)