Virginia § 19.2-401 - Cross appeal; when allowed; time for filing
Full text of Virginia Code of Virginia § 19.2-401 — Cross appeal; when allowed; time for filing, with citation guidance and answers to common questions.
§ 19.2-401. Cross appeal; when allowed; time for filing
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.
1987, c. 710; 2003, c. 109.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 19.2-401
What does Code of Virginia § 19.2-401 cover?
Section 19.2-401 ("Cross appeal; when allowed; time for filing") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 19.2-401?
A common citation format is "Code of Virginia § 19.2-401" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 19.2-401 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.