CODE OF VIRGINIA

APPEAL OF INTERLOCUTORY ORDERS AND DECREES BY PERMISSION (§ 8.01-670.1)

When, prior to the commencement of trial, the circuit court has entered in any
pending civil action, except any matters appealable to the Court of Appeals
pursuant to § 17.1-405, an order or decree that is not otherwise appealable,
any party may file in the circuit court a statement of the reasons why an
immediate interlocutory appeal should be permitted.The statement shall include a
concise analysis of the statutes, rules or cases believed to be determinative of
the issues and request that the court certify in writing that the order or
decree involves a question of law as to which (i) there is substantial ground
for difference of opinion, (ii) there is no clear, controlling precedent on
point in the decisions of the Supreme Court of Virginia or the Court of Appeals
of Virginia, (iii) determination of the issues will be dispositive of a material
aspect of the proceeding currently pending before the court, and (iv) the court
and the parties agree it is in the parties’ best interest to seek an
interlocutory appeal.Within ten days of such certification by the circuit court,
a petition for appeal may be filed with the appellate court that would have
jurisdiction in an appeal from a final judgment in the proceeding. If the
appellate court determines that the certification by the circuit court has
sufficient merit, it may, in its discretion, permit an appeal to be taken from
the interlocutory order or decree and shall notify the certifying circuit court
and counsel for the parties of its decision. No petitions or appeals under this
section shall stay proceedings in the circuit court unless the circuit court or
appellate court so orders.The consideration of any petition and appeal by the
appellate court shall be in accordance with the applicable provisions of the
Rules of the Supreme Court and shall not take precedence on the docket unless
the court so orders.

HISTORY: 2002, c. 107.