{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-131.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-131.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-131.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-131.1.html"}],"law_id":78480,"edition_id":1,"section_id":78480,"structure_id":14093,"section_number":"16.1-131.1","catch_line":"Procedure when constitutionality of a statute is challenged in a court not of record","history":"2006, cc. 571, 876; 2010, cc. 303, 609.","full_text":"In any criminal or traffic case in a court not of record, if the court rules that a statute or local ordinance is unconstitutional, it shall upon motion of the Commonwealth, or the locality if a local ordinance is the subject of the ruling, stay the proceedings and issue a written statement of its findings of law and relevant facts, if any, in support of its ruling and shall transmit the case, together with all papers, documents, and evidence connected therewith, to the circuit court for a determination of constitutionality. Either party may file a brief with the circuit court. Either party may request oral argument before the circuit court. The circuit court shall give the issue priority on its docket. If the circuit court rules that the statute or local ordinance is unconstitutional, the Commonwealth or the locality may appeal such interlocutory order to the Court of Appeals and thereafter to the Supreme Court; however, if the circuit court rules that the statute or local ordinance is constitutional, the circuit court shall remand the case to the court not of record for trial consistent with the ruling of the circuit court.","order_by":null,"text":{"0":{"id":281303,"text":"In any criminal or traffic case in a court not of record, if the court rules that a statute or local ordinance is unconstitutional, it shall upon motion of the Commonwealth, or the locality if a local ordinance is the subject of the ruling, stay the proceedings and issue a written statement of its findings of law and relevant facts, if any, in support of its ruling and shall transmit the case, together with all papers, documents, and evidence connected therewith, to the circuit court for a determination of constitutionality. Either party may file a brief with the circuit court. Either party may request oral argument before the circuit court. The circuit court shall give the issue priority on its docket. If the circuit court rules that the statute or local ordinance is unconstitutional, the Commonwealth or the locality may appeal such interlocutory order to the Court of Appeals and thereafter to the Supreme Court; however, if the circuit court rules that the statute or local ordinance is constitutional, the circuit court shall remand the case to the court not of record for trial consistent with the ruling of the circuit court.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14093,"edition_id":1,"name":"Procedure in Criminal Cases","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":14092,"metadata":{},"date_created":"2026-06-26 03:46:51","date_modified":"2026-06-26 03:46:51","permalink":{"id":162709,"object_type":"structure","relational_id":14093,"identifier":"2","token":"16.1\/7\/2","url":"\/16.1\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14092,"edition_id":1,"name":"Jurisdiction and Procedure in Criminal Matters","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:46:51","date_modified":"2026-06-26 03:46:51","permalink":{"id":162681,"object_type":"structure","relational_id":14092,"identifier":"7","token":"16.1\/7","url":"\/16.1\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79820,"structure_id":14093,"section_number":"16.1-129","catch_line":"Offenses tried on warrants, or as provided in Chapter 7 of Title 19.2","url":"\/16.1-129\/","token":"16.1\/7\/2\/16.1-129","metadata":false},{"id":80476,"structure_id":14093,"section_number":"16.1-129.1","catch_line":"Repealed","url":"\/16.1-129.1\/","token":"16.1\/7\/2\/16.1-129.1","metadata":false},{"id":83450,"structure_id":14093,"section_number":"16.1-129.2","catch_line":"Procedure when warrant defective","url":"\/16.1-129.2\/","token":"16.1\/7\/2\/16.1-129.2","metadata":false},{"id":70984,"structure_id":14093,"section_number":"16.1-129.3","catch_line":"Repealed","url":"\/16.1-129.3\/","token":"16.1\/7\/2\/16.1-129.3","metadata":false},{"id":55553,"structure_id":14093,"section_number":"16.1-130","catch_line":"Repealed","url":"\/16.1-130\/","token":"16.1\/7\/2\/16.1-130","metadata":false},{"id":84532,"structure_id":14093,"section_number":"16.1-131","catch_line":"Subpoenas duces tecum and recognizances of witnesses; applicable provisions","url":"\/16.1-131\/","token":"16.1\/7\/2\/16.1-131","metadata":false},{"id":78480,"structure_id":14093,"section_number":"16.1-131.1","catch_line":"Procedure when constitutionality of a statute is challenged in a court not of record","url":"\/16.1-131.1\/","token":"16.1\/7\/2\/16.1-131.1","metadata":false},{"id":73603,"structure_id":14093,"section_number":"16.1-132","catch_line":"Right of appeal","url":"\/16.1-132\/","token":"16.1\/7\/2\/16.1-132","metadata":false},{"id":61066,"structure_id":14093,"section_number":"16.1-133","catch_line":"Withdrawal of appeal","url":"\/16.1-133\/","token":"16.1\/7\/2\/16.1-133","metadata":false},{"id":56683,"structure_id":14093,"section_number":"16.1-133.1","catch_line":"Reopening case after conviction","url":"\/16.1-133.1\/","token":"16.1\/7\/2\/16.1-133.1","metadata":false},{"id":56149,"structure_id":14093,"section_number":"16.1-134","catch_line":"Appeal by Commonwealth in revenue cases","url":"\/16.1-134\/","token":"16.1\/7\/2\/16.1-134","metadata":false},{"id":55218,"structure_id":14093,"section_number":"16.1-135","catch_line":"Bail and recognizance; papers filed with circuit court","url":"\/16.1-135\/","token":"16.1\/7\/2\/16.1-135","metadata":false},{"id":59714,"structure_id":14093,"section_number":"16.1-136","catch_line":"How appeal tried","url":"\/16.1-136\/","token":"16.1\/7\/2\/16.1-136","metadata":false},{"id":63822,"structure_id":14093,"section_number":"16.1-137","catch_line":"Procedure on appeal when warrant defective","url":"\/16.1-137\/","token":"16.1\/7\/2\/16.1-137","metadata":false},{"id":81625,"structure_id":14093,"section_number":"16.1-138","catch_line":"Repealed","url":"\/16.1-138\/","token":"16.1\/7\/2\/16.1-138","metadata":false}],"previous_section":{"id":84532,"structure_id":14093,"section_number":"16.1-131","catch_line":"Subpoenas duces tecum and recognizances of witnesses; applicable provisions","url":"\/16.1-131\/","token":"16.1\/7\/2\/16.1-131","metadata":false},"next_section":{"id":73603,"structure_id":14093,"section_number":"16.1-132","catch_line":"Right of appeal","url":"\/16.1-132\/","token":"16.1\/7\/2\/16.1-132","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-131.1\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapters 571<\/a> and 876<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2010, chapters 303<\/a> and 609<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":162735,"object_type":"law","relational_id":78480,"identifier":"16.1-131.1","token":"16.1\/7\/2\/16.1-131.1","url":"\/16.1-131.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-131.1\/","token":"16.1\/7\/2\/16.1-131.1","dublin_core":{"Title":"Procedure when constitutionality of a statute is challenged in a court not of record","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-131.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any criminal or traffic case in a court<\/span> not of record, if the court<\/span> rules that a statute<\/span> or local ordinance<\/span> is unconstitutional, it shall upon motion<\/span> of the Commonwealth, or the locality if a local ordinance<\/span> is the subject of the ruling, stay<\/span> the proceedings and issue<\/span> a written statement of its findings<\/span> of law<\/span> and relevant facts<\/span>, if any, in support of its ruling and shall transmit the case, together with all papers, documents, and evidence<\/span> connected therewith, to the circuit<\/span> court<\/span> for a determination of constitutionality. Either party<\/span> may file a brief<\/span> with the circuit<\/span> court<\/span>. Either party<\/span> may request oral argument<\/span> before the circuit<\/span> court<\/span>. The circuit<\/span> court<\/span> shall give the issue<\/span> priority on its docket<\/span>. If the circuit<\/span> court<\/span> rules that the statute<\/span> or local ordinance<\/span> is unconstitutional, the Commonwealth or the locality may appeal<\/span> such interlocutory order<\/span> to the Court<\/span> of Appeals<\/span> and thereafter to the Supreme Court<\/span>; however, if the circuit<\/span> court<\/span> rules that the statute<\/span> or local ordinance<\/span> is constitutional, the circuit<\/span> court<\/span> shall remand<\/span> the case to the court<\/span> not of record for trial<\/span> consistent with the ruling of the circuit<\/span> court<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE WHEN CONSTITUTIONALITY OF A STATUTE IS CHALLENGED IN A COURT NOT OF\nRECORD (\u00a7 16.1-131.1)\n\nIn any criminal or traffic case in a court not of record, if the court rules\nthat a statute or local ordinance is unconstitutional, it shall upon motion of\nthe Commonwealth, or the locality if a local ordinance is the subject of the\nruling, stay the proceedings and issue a written statement of its findings of\nlaw and relevant facts, if any, in support of its ruling and shall transmit the\ncase, together with all papers, documents, and evidence connected therewith, to\nthe circuit court for a determination of constitutionality. Either party may\nfile a brief with the circuit court. Either party may request oral argument\nbefore the circuit court. The circuit court shall give the issue priority on its\ndocket. If the circuit court rules that the statute or local ordinance is\nunconstitutional, the Commonwealth or the locality may appeal such interlocutory\norder to the Court of Appeals and thereafter to the Supreme Court; however, if\nthe circuit court rules that the statute or local ordinance is constitutional,\nthe circuit court shall remand the case to the court not of record for trial\nconsistent with the ruling of the circuit court.\n\nHISTORY: 2006, cc. 571, 876; 2010, cc. 303, 609.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}