Va. Sup. Ct. R. 5:18

(a) Filing Time. ‒ A brief in opposition to granting the appeal may be filed with the

clerk of this Court, as provided for in Rule 5:1B, by the appellee within 21 days after

petition for appeal is served on counsel for the appellee. Within the same time the counsel

for appellee must send a copy to counsel for appellant. For any appellee exempted from

the electronic filing requirements under Rule 5:1B(b), only one paper copy of the brief

need be filed.

(b) Form and Content. ‒ The brief in opposition must conform in all respects to the

content requirements for the brief of appellee in Rule 5:28. However, the brief in

opposition need not be bound or have a blue cover. Except by leave of a Justice of this

Court, the brief may not exceed the longer of 25 pages or 4,375 words. If the brief

exceeds 10 pages or 1,750 words, it must contain a table of contents and table of

authorities with cases alphabetically arranged.

(c) Assignments of cross-error. ‒ The brief in opposition may include assignments of

cross-error. If the brief in opposition contains an assignment or assignments of cross-error, the cover of the brief must so indicate by being styled, “Brief in Opposition and

Assignment of Cross-Error.”

(1) A cross-error must be assigned in the brief in opposition in order to be noticed

by this Court.

(2) The provisions of Rule 5:25 apply to limit the assignments of cross-error

which will be heard on the appeal.

(3) A brief in opposition containing assignments of cross-error must conform to

the form, content, and maximum word requirements of paragraph (b) of this Rule.

(4) When an appellee assigns cross-error in the brief in opposition:

(i) this Court will not grant any assignment of cross-error unless it first

decides to grant some or all of the assignments of error contained in the

appellant’s petition for appeal.

(ii) the appellee is not permitted to present oral argument to a writ panel.

(iii) if the appellant withdraws the petition for appeal, the appeal will be

dismissed without consideration of the cross-error assigned by an appellee.

(d) Expedited Review. ‒ When it clearly appears that an appeal ought to be granted

without further delay, an appeal may be granted before the filing of the brief in

opposition.