State Codes and Statutes
Statutes > Virginia > Title-16-1 > Chapter-7 > 16-1-131-1§ 16.1-131.1. Procedure when constitutionality of a statute is challenged ina court not of record.
In any criminal or traffic case in a court not of record, if the court rulesthat a statute or local ordinance is unconstitutional, it shall upon motionof the Commonwealth, or the locality if a local ordinance is the subject ofthe ruling, stay the proceedings and issue a written statement of itsfindings of law and relevant facts, if any, in support of its ruling andshall transmit the case, together with all papers, documents, and evidenceconnected therewith, to the circuit court for a determination ofconstitutionality. Either party may file a brief with the circuit court.Either party may request oral argument before the circuit court. The circuitcourt shall give the issue priority on its docket. If the circuit court rulesthat the statute or local ordinance is unconstitutional, the Commonwealth orthe locality may appeal such interlocutory order to the Court of Appeals andthereafter to the Supreme Court; however, if the circuit court rules that thestatute or local ordinance is constitutional, the circuit court shall remandthe case to the court not of record for trial consistent with the ruling ofthe circuit court.
(2006, cc. 571, 876; 2010, cc. 303, 609.)
