§ 8.01-670.1. Appeal of interlocutory orders and decrees by permission.
When, prior to the commencement of trial, the circuit court has entered inany pending civil action, except any matters appealable to the Court ofAppeals pursuant to § 17.1-405, an order or decree that is not otherwiseappealable, any party may file in the circuit court a statement of thereasons why an immediate interlocutory appeal should be permitted.
The statement shall include a concise analysis of the statutes, rules orcases believed to be determinative of the issues and request that the courtcertify in writing that the order or decree involves a question of law as towhich (i) there is substantial ground for difference of opinion, (ii) thereis no clear, controlling precedent on point in the decisions of the SupremeCourt of Virginia or the Court of Appeals of Virginia, (iii) determination ofthe issues will be dispositive of a material aspect of the proceedingcurrently pending before the court, and (iv) the court and the parties agreeit is in the parties' best interest to seek an interlocutory appeal.
Within ten days of such certification by the circuit court, a petition forappeal may be filed with the appellate court that would have jurisdiction inan appeal from a final judgment in the proceeding. If the appellate courtdetermines that the certification by the circuit court has sufficient merit,it may, in its discretion, permit an appeal to be taken from theinterlocutory order or decree and shall notify the certifying circuit courtand counsel for the parties of its decision. No petitions or appeals underthis section shall stay proceedings in the circuit court unless the circuitcourt or appellate court so orders.
The consideration of any petition and appeal by the appellate court shall bein accordance with the applicable provisions of the Rules of the SupremeCourt and shall not take precedence on the docket unless the court so orders.
§ 8.01-670.1. Appeal of interlocutory orders and decrees by permission.
When, prior to the commencement of trial, the circuit court has entered inany pending civil action, except any matters appealable to the Court ofAppeals pursuant to § 17.1-405, an order or decree that is not otherwiseappealable, any party may file in the circuit court a statement of thereasons why an immediate interlocutory appeal should be permitted.
The statement shall include a concise analysis of the statutes, rules orcases believed to be determinative of the issues and request that the courtcertify in writing that the order or decree involves a question of law as towhich (i) there is substantial ground for difference of opinion, (ii) thereis no clear, controlling precedent on point in the decisions of the SupremeCourt of Virginia or the Court of Appeals of Virginia, (iii) determination ofthe issues will be dispositive of a material aspect of the proceedingcurrently pending before the court, and (iv) the court and the parties agreeit is in the parties' best interest to seek an interlocutory appeal.
Within ten days of such certification by the circuit court, a petition forappeal may be filed with the appellate court that would have jurisdiction inan appeal from a final judgment in the proceeding. If the appellate courtdetermines that the certification by the circuit court has sufficient merit,it may, in its discretion, permit an appeal to be taken from theinterlocutory order or decree and shall notify the certifying circuit courtand counsel for the parties of its decision. No petitions or appeals underthis section shall stay proceedings in the circuit court unless the circuitcourt or appellate court so orders.
The consideration of any petition and appeal by the appellate court shall bein accordance with the applicable provisions of the Rules of the SupremeCourt and shall not take precedence on the docket unless the court so orders.
§ 8.01-670.1. Appeal of interlocutory orders and decrees by permission.
When, prior to the commencement of trial, the circuit court has entered inany pending civil action, except any matters appealable to the Court ofAppeals pursuant to § 17.1-405, an order or decree that is not otherwiseappealable, any party may file in the circuit court a statement of thereasons why an immediate interlocutory appeal should be permitted.
The statement shall include a concise analysis of the statutes, rules orcases believed to be determinative of the issues and request that the courtcertify in writing that the order or decree involves a question of law as towhich (i) there is substantial ground for difference of opinion, (ii) thereis no clear, controlling precedent on point in the decisions of the SupremeCourt of Virginia or the Court of Appeals of Virginia, (iii) determination ofthe issues will be dispositive of a material aspect of the proceedingcurrently pending before the court, and (iv) the court and the parties agreeit is in the parties' best interest to seek an interlocutory appeal.
Within ten days of such certification by the circuit court, a petition forappeal may be filed with the appellate court that would have jurisdiction inan appeal from a final judgment in the proceeding. If the appellate courtdetermines that the certification by the circuit court has sufficient merit,it may, in its discretion, permit an appeal to be taken from theinterlocutory order or decree and shall notify the certifying circuit courtand counsel for the parties of its decision. No petitions or appeals underthis section shall stay proceedings in the circuit court unless the circuitcourt or appellate court so orders.
The consideration of any petition and appeal by the appellate court shall bein accordance with the applicable provisions of the Rules of the SupremeCourt and shall not take precedence on the docket unless the court so orders.
