§ 8.01-675.3.Time within which appeal must be taken; notice.

Section 8.01-675.3 sets the basic clock for appeals to the Court of Appeals. Except for pretrial appeals by the Commonwealth in criminal cases under § 19.2-400, and cross appeals by the defendant in those pretrial appeals under § 19.2-401, a notice of appeal in any case within the Court’s jurisdiction must be filed within 30 days from the date of the final judgment, order, decree, or conviction.

When an interlocutory decree or order is itself appealable, the notice of appeal from it must be filed within 30 days of that decree or order, except for pretrial appeals under § 19.2-398. Either way, the Court of Appeals may extend the deadline in its discretion, on motion for good cause shown.

The section also builds in a mailbox rule that covers this section, § 17.1-408, and appeals under § 19.2-398: a petition for appeal in a criminal case, or a notice of appeal to the Court of Appeals, counts as timely filed if it is mailed postage prepaid by registered or certified mail, and the official postal receipt, showing mailing within the prescribed time limits, is exhibited on demand of the clerk or any party.