State Codes and Statutes

Statutes > Virginia > Title-17-1 > Chapter-5 > 17-1-503

§ 17.1-503. Rules of practice and procedure; rules not to preclude judgesfrom hearing certain cases.

A. The Supreme Court may formulate rules of practice and procedure for thecircuit courts following consultation with the chairmen of the House andSenate Courts of Justice Committees and the executive committee of theJudicial Conference of Virginia for courts of record. Such rules, subject tothe strict construction of the provisions of § 8.01-4, which shall be theonly rules of practice and procedure in the circuit courts of theCommonwealth, shall be included in the Code of Virginia as provided in §8.01-3, subject to revision by the General Assembly.

B. No rule shall hereafter be promulgated under the limitations of § 8.01-4,or otherwise which would avoid or preclude the judge before whom an accusedis arraigned in criminal cases from hearing all aspects of the case on itsmerits, or to avoid or preclude any judge in any case who has heard any partof the case on its merits, from hearing the case to its conclusion. However,another judge may hear portions of a case where a judge is required todisqualify himself, in cases in which a mistrial is declared, or in caseswhich have been reversed on appeal, or in the event of sickness, disabilityor vacation of the judge. The parties to any suit, action, cause orprosecution may waive the provisions of this section. Such waiver shall beentered of record.

C. In its rules of practice and procedure for the circuit courts, the SupremeCourt shall include rules relating to court decisions on any order ofquarantine or isolation issued by the State Health Commissioner pursuant toArticle 3.02 (§ 32.1-48.05 et seq.) of Chapter 2 of Title 32.1 that shallensure, to the extent possible, that such hearings are held in a manner thatwill protect the health and safety of individuals subject to any such orderof quarantine or isolation, court personnel, counsels, witnesses, and thegeneral public. The rules shall also provide for expedited reviews by theSupreme Court of decisions by any circuit court relating to appeals of anyorder of quarantine or isolation.

(1973, c. 544, § 17-116.4; 1976, c. 212; 1998, c. 872; 2004, cc. 773, 1021.)

State Codes and Statutes

Statutes > Virginia > Title-17-1 > Chapter-5 > 17-1-503

§ 17.1-503. Rules of practice and procedure; rules not to preclude judgesfrom hearing certain cases.

A. The Supreme Court may formulate rules of practice and procedure for thecircuit courts following consultation with the chairmen of the House andSenate Courts of Justice Committees and the executive committee of theJudicial Conference of Virginia for courts of record. Such rules, subject tothe strict construction of the provisions of § 8.01-4, which shall be theonly rules of practice and procedure in the circuit courts of theCommonwealth, shall be included in the Code of Virginia as provided in §8.01-3, subject to revision by the General Assembly.

B. No rule shall hereafter be promulgated under the limitations of § 8.01-4,or otherwise which would avoid or preclude the judge before whom an accusedis arraigned in criminal cases from hearing all aspects of the case on itsmerits, or to avoid or preclude any judge in any case who has heard any partof the case on its merits, from hearing the case to its conclusion. However,another judge may hear portions of a case where a judge is required todisqualify himself, in cases in which a mistrial is declared, or in caseswhich have been reversed on appeal, or in the event of sickness, disabilityor vacation of the judge. The parties to any suit, action, cause orprosecution may waive the provisions of this section. Such waiver shall beentered of record.

C. In its rules of practice and procedure for the circuit courts, the SupremeCourt shall include rules relating to court decisions on any order ofquarantine or isolation issued by the State Health Commissioner pursuant toArticle 3.02 (§ 32.1-48.05 et seq.) of Chapter 2 of Title 32.1 that shallensure, to the extent possible, that such hearings are held in a manner thatwill protect the health and safety of individuals subject to any such orderof quarantine or isolation, court personnel, counsels, witnesses, and thegeneral public. The rules shall also provide for expedited reviews by theSupreme Court of decisions by any circuit court relating to appeals of anyorder of quarantine or isolation.

(1973, c. 544, § 17-116.4; 1976, c. 212; 1998, c. 872; 2004, cc. 773, 1021.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-17-1 > Chapter-5 > 17-1-503

§ 17.1-503. Rules of practice and procedure; rules not to preclude judgesfrom hearing certain cases.

A. The Supreme Court may formulate rules of practice and procedure for thecircuit courts following consultation with the chairmen of the House andSenate Courts of Justice Committees and the executive committee of theJudicial Conference of Virginia for courts of record. Such rules, subject tothe strict construction of the provisions of § 8.01-4, which shall be theonly rules of practice and procedure in the circuit courts of theCommonwealth, shall be included in the Code of Virginia as provided in §8.01-3, subject to revision by the General Assembly.

B. No rule shall hereafter be promulgated under the limitations of § 8.01-4,or otherwise which would avoid or preclude the judge before whom an accusedis arraigned in criminal cases from hearing all aspects of the case on itsmerits, or to avoid or preclude any judge in any case who has heard any partof the case on its merits, from hearing the case to its conclusion. However,another judge may hear portions of a case where a judge is required todisqualify himself, in cases in which a mistrial is declared, or in caseswhich have been reversed on appeal, or in the event of sickness, disabilityor vacation of the judge. The parties to any suit, action, cause orprosecution may waive the provisions of this section. Such waiver shall beentered of record.

C. In its rules of practice and procedure for the circuit courts, the SupremeCourt shall include rules relating to court decisions on any order ofquarantine or isolation issued by the State Health Commissioner pursuant toArticle 3.02 (§ 32.1-48.05 et seq.) of Chapter 2 of Title 32.1 that shallensure, to the extent possible, that such hearings are held in a manner thatwill protect the health and safety of individuals subject to any such orderof quarantine or isolation, court personnel, counsels, witnesses, and thegeneral public. The rules shall also provide for expedited reviews by theSupreme Court of decisions by any circuit court relating to appeals of anyorder of quarantine or isolation.

(1973, c. 544, § 17-116.4; 1976, c. 212; 1998, c. 872; 2004, cc. 773, 1021.)