Rule 5A:13 - Brief in Opposition(a)Filing Time. - A brief in opposition to granting the petition may be filed with the clerk of this Court by the respondent within: (1) 7 days after the petition is served on counsel for the respondent in cases governed by Code § 8.01-267.8;(2) 7 days after the petition is served on counsel for the respondent in cases governed by Code § 8.01-675.5A(A);(3) 14 days after the petition is filed in cases governed by Code §§ 19.2-398A(A) and (E);(4) 21 days after the petition is served in cases governed by Code §§ 19.2-398B(B) and (C); and(5) for any other discretionary appeal, any brief in opposition is due within the longer of 21 days or the time prescribed for such a response by the statute authorizing the appeal to the Court of Appeals. Within the same time the respondent must transmit, mail, or deliver a copy of the brief in opposition to counsel for petitioner. Motions for an extension to this briefing deadline must be filed no later than 10 days after the expiration of the deadline. For the purpose of Rule 5A:13(a)(3) & (5), a petition is considered served three days from the date on which it was mailed, or one day from the date on which the petition was faxed, emailed, or sent by commercial delivery service, to counsel for the respondent. *
(b)Form and Content. - Except as provided herein, the brief in opposition must conform in all respects to the requirements of the brief of respondent (Rule 5A:21). (1) Length. Except by leave of a judge of this Court, the brief must not exceed the longer of 35 pages or 7,500 words. The page and word limits do not include the cover page, table of contents, table of authorities, signature blocks, or certificate.(2) Table of Contents and Table of Authorities. If the brief exceeds 3,500 words, it must contain a table of contents and table of authorities with cases alphabetically arranged.(3) Citations to the Record. When referencing any item in the record, the brief in opposition must cite the record-page number (e.g., "R. 1") if the record has been transmitted in whole or in part to this Court. No brief in opposition will be stricken for failure to comply with the citation provisions of this rule; however, the clerk of this Court may require that the brief be redone in compliance with the citation requirements.(c)Expedited Review. - When it clearly appears that a discretionary appeal ought to be granted without further delay, an appeal may be granted before the filing of the brief in opposition.Amended by order dated April 30, 2010, effective 7/1/2010; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021; amended by order dated April 1, 2021, effective 6/1/2021; amended by order dated November 1, 2021, effective 1/1/2022; amended by order dated May 2, 2022, effective 7/1/2022; amended by order dated June 21, 2024, effective 8/20/2024.