{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-402.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-402.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-402.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-402.html"}],"law_id":54277,"edition_id":1,"section_id":54277,"structure_id":13285,"section_number":"17.1-402","catch_line":"Sessions; panels; quorum; presiding judges; hearings en banc","history":"1983, c. 413, \u00a7 17-116.02; 1984, c. 701; 1988, cc. 71, 478; 1998, c. 872; 2000, c. 8; 2001, c. 555; 2008, cc. 54, 156; 2021, Sp. Sess. I, c. 489.","full_text":"A\n\nThe Court of Appeals shall sit at such locations within the Commonwealth as the chief judge, upon consultation with the other judges of the court, shall designate so as to provide, insofar as feasible, convenient access to the various geographic areas of the Commonwealth. The chief judge shall schedule sessions of the court as required to discharge expeditiously the business of the court.B\n\nThe Court of Appeals shall sit in panels of at least three judges each. The presence of all judges in the panel shall be necessary to constitute a quorum. The chief judge shall assign the members to panels and, insofar as practicable, rotate the membership of the panels. The chief judge shall preside over any panel of which he is a member and shall designate the presiding judges of the other panels.C\n\nEach panel shall hear and determine, independently of the others, the petitions for appeal pursuant to § 17.1-406 or 19.2-398 and appeals in criminal and civil cases assigned to that panel.D\n\nThe Court of Appeals shall sit en banc (i) when there is a dissent in the panel to which the case was originally assigned and an aggrieved party requests an en banc hearing and at least six judges of the court vote in favor of such a hearing or (ii) when any judge of any panel shall certify that in his opinion a decision of such panel of the court is in conflict with a prior decision of the court or of any panel thereof and five other judges of the court concur in that view. The court may sit en banc upon its own motion at any time or upon the petition of any party, in any case in which a majority of the court determines it is appropriate to do so. The court sitting en banc shall consider and decide the case and may overrule any previous decision by any panel or of the full court.E\n\nThe court may sit en banc with no fewer than 13 judges. In all cases decided by the court en banc, the concurrence of at least a majority of the judges sitting shall be required to reverse a judgment, in whole or in part.","order_by":null,"text":{"0":{"id":199260,"text":"The Court of Appeals shall sit at such locations within the Commonwealth as the chief judge, upon consultation with the other judges of the court, shall designate so as to provide, insofar as feasible, convenient access to the various geographic areas of the Commonwealth. The chief judge shall schedule sessions of the court as required to discharge expeditiously the business of the court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199261,"text":"The Court of Appeals shall sit in panels of at least three judges each. The presence of all judges in the panel shall be necessary to constitute a quorum. The chief judge shall assign the members to panels and, insofar as practicable, rotate the membership of the panels. The chief judge shall preside over any panel of which he is a member and shall designate the presiding judges of the other panels.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":199262,"text":"Each panel shall hear and determine, independently of the others, the petitions for appeal pursuant to § 17.1-406 or 19.2-398 and appeals in criminal and civil cases assigned to that panel.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":199263,"text":"The Court of Appeals shall sit en banc (i) when there is a dissent in the panel to which the case was originally assigned and an aggrieved party requests an en banc hearing and at least six judges of the court vote in favor of such a hearing or (ii) when any judge of any panel shall certify that in his opinion a decision of such panel of the court is in conflict with a prior decision of the court or of any panel thereof and five other judges of the court concur in that view. The court may sit en banc upon its own motion at any time or upon the petition of any party, in any case in which a majority of the court determines it is appropriate to do so. The court sitting en banc shall consider and decide the case and may overrule any previous decision by any panel or of the full court.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":199264,"text":"The court may sit en banc with no fewer than 13 judges. In all cases decided by the court en banc, the concurrence of at least a majority of the judges sitting shall be required to reverse a judgment, in whole or in part.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13285,"edition_id":1,"name":"The Court of Appeals","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12766,"metadata":{},"date_created":"2026-06-26 03:44:34","date_modified":"2026-06-26 03:44:34","permalink":{"id":163617,"object_type":"structure","relational_id":13285,"identifier":"4","token":"17.1\/4","url":"\/17.1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12766,"edition_id":1,"name":"Courts of Record","identifier":"17.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":162799,"object_type":"structure","relational_id":12766,"identifier":"17.1","token":"17.1","url":"\/17.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87082,"structure_id":13285,"section_number":"17.1-400","catch_line":"Creation and organization; election and terms of judges; oath; vacancies; qualifications; incompatible activities prohibited; chief judge","url":"\/17.1-400\/","token":"17.1\/4\/17.1-400","metadata":false},{"id":87290,"structure_id":13285,"section_number":"17.1-401","catch_line":"Senior judge","url":"\/17.1-401\/","token":"17.1\/4\/17.1-401","metadata":false},{"id":54277,"structure_id":13285,"section_number":"17.1-402","catch_line":"Sessions; panels; quorum; presiding judges; hearings en banc","url":"\/17.1-402\/","token":"17.1\/4\/17.1-402","metadata":false},{"id":55346,"structure_id":13285,"section_number":"17.1-403","catch_line":"(For contingent effective date, see Acts 2025, c. 612, cl. 2) Rules of practice, procedure, and internal processes; promulgation by Supreme Court; amendments; summary disposition of appeals","url":"\/17.1-403\/","token":"17.1\/4\/17.1-403","metadata":false},{"id":85188,"structure_id":13285,"section_number":"17.1-404","catch_line":"Original jurisdiction in matters of contempt and injunctions, writs of mandamus, prohibition and habeas corpus","url":"\/17.1-404\/","token":"17.1\/4\/17.1-404","metadata":false},{"id":86129,"structure_id":13285,"section_number":"17.1-405","catch_line":"Appellate jurisdiction \u2014 Administrative agency, Virginia Workers' Compensation Commission, and civil matter appeals","url":"\/17.1-405\/","token":"17.1\/4\/17.1-405","metadata":false},{"id":87232,"structure_id":13285,"section_number":"17.1-406","catch_line":"Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction","url":"\/17.1-406\/","token":"17.1\/4\/17.1-406","metadata":false},{"id":69290,"structure_id":13285,"section_number":"17.1-407","catch_line":"Procedures on appeal","url":"\/17.1-407\/","token":"17.1\/4\/17.1-407","metadata":false},{"id":66044,"structure_id":13285,"section_number":"17.1-408","catch_line":"Time for filing; notice; opening brief; petition","url":"\/17.1-408\/","token":"17.1\/4\/17.1-408","metadata":false},{"id":59397,"structure_id":13285,"section_number":"17.1-409","catch_line":"Certification to the Supreme Court","url":"\/17.1-409\/","token":"17.1\/4\/17.1-409","metadata":false},{"id":63032,"structure_id":13285,"section_number":"17.1-410","catch_line":"Disposition of appeals; finality of decisions","url":"\/17.1-410\/","token":"17.1\/4\/17.1-410","metadata":false},{"id":61862,"structure_id":13285,"section_number":"17.1-411","catch_line":"Review by the Supreme Court","url":"\/17.1-411\/","token":"17.1\/4\/17.1-411","metadata":false},{"id":76830,"structure_id":13285,"section_number":"17.1-412","catch_line":"Affirmance, reversal, or modification of judgment; petition for appeal to Supreme Court upon award of new trial","url":"\/17.1-412\/","token":"17.1\/4\/17.1-412","metadata":false},{"id":83076,"structure_id":13285,"section_number":"17.1-413","catch_line":"Opinions; reporting, printing and electronic publication","url":"\/17.1-413\/","token":"17.1\/4\/17.1-413","metadata":false},{"id":64883,"structure_id":13285,"section_number":"17.1-414","catch_line":"Facilities and supplies","url":"\/17.1-414\/","token":"17.1\/4\/17.1-414","metadata":false},{"id":58691,"structure_id":13285,"section_number":"17.1-415","catch_line":"Compensation for judges; expenses","url":"\/17.1-415\/","token":"17.1\/4\/17.1-415","metadata":false},{"id":59054,"structure_id":13285,"section_number":"17.1-416","catch_line":"Clerk; seal; deputies and other employees; clerk's fees","url":"\/17.1-416\/","token":"17.1\/4\/17.1-416","metadata":false},{"id":57941,"structure_id":13285,"section_number":"17.1-417","catch_line":"Support staff","url":"\/17.1-417\/","token":"17.1\/4\/17.1-417","metadata":false},{"id":64769,"structure_id":13285,"section_number":"17.1-418","catch_line":"Fees charged by Clerk of the Court of Appeals","url":"\/17.1-418\/","token":"17.1\/4\/17.1-418","metadata":false}],"previous_section":{"id":87290,"structure_id":13285,"section_number":"17.1-401","catch_line":"Senior judge","url":"\/17.1-401\/","token":"17.1\/4\/17.1-401","metadata":false},"next_section":{"id":55346,"structure_id":13285,"section_number":"17.1-403","catch_line":"(For contingent effective date, see Acts 2025, c. 612, cl. 2) Rules of practice, procedure, and internal processes; promulgation by Supreme Court; amendments; summary disposition of appeals","url":"\/17.1-403\/","token":"17.1\/4\/17.1-403","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-402\/","history_text":"

This law was first created in 1983. The record of its establishment is cataloged in chapter 413 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. Unfortunately, the 1983 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. 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. Those modifications are as follows: in 1984, chapter 701; in 1988, chapters 71 and 478; in 1998, chapter 872<\/a>; in 2000, chapter 8<\/a>; in 2001, chapter 555<\/a>; in 2008, chapters 54<\/a> and 156<\/a>.<\/p>","references":false,"refers_to":[{"id":87232,"section_number":"17.1-406","catch_line":"Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction","order_by":null,"url":"\/17.1-406\/"},{"id":70900,"section_number":"19.2-398","catch_line":"When appeal by the Commonwealth allowed","order_by":null,"url":"\/19.2-398\/"}],"permalink":{"id":163627,"object_type":"law","relational_id":54277,"identifier":"17.1-402","token":"17.1\/4\/17.1-402","url":"\/17.1-402\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-402\/","token":"17.1\/4\/17.1-402","dublin_core":{"Title":"Sessions; panels; quorum; presiding judges; hearings en banc","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-402","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Court<\/span> of Appeals<\/span> shall sit at such locations within the Commonwealth as the chief judge<\/span>, upon consultation with the other judges<\/span> of the court<\/span>, shall designate so as to provide, insofar as feasible, convenient access to the various geographic areas of the Commonwealth. The chief judge<\/span> shall schedule sessions of the court<\/span> as required to discharge expeditiously the business of the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Court<\/span> of Appeals<\/span> shall sit in panels<\/span> of at least three judges<\/span> each. The presence of all judges<\/span> in the panel<\/span> shall be necessary to constitute a quorum. The chief judge<\/span> shall assign the members to panels<\/span> and, insofar as practicable, rotate the membership of the panels<\/span>. The chief judge<\/span> shall preside over any panel<\/span> of which he is a member and shall designate the presiding judges<\/span> of the other panels<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Each panel<\/span> shall hear and determine, independently of the others, the petitions<\/span> for appeal<\/span> pursuant to § 17.1-406<\/a> or 19.2-398<\/a> and appeals<\/span> in criminal and civil cases assigned to that panel<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Court<\/span> of Appeals<\/span> shall sit en banc<\/span> (i) when there is a dissent in the panel<\/span> to which the case was originally assigned and an aggrieved party<\/span> requests an en banc<\/span> hearing<\/span> and at least six judges<\/span> of the court<\/span> vote in favor of such a hearing<\/span> or (ii) when any judge of any panel<\/span> shall certify that in his opinion<\/span> a decision of such panel<\/span> of the court<\/span> is in conflict with a prior decision of the court<\/span> or of any panel<\/span> thereof and five other judges<\/span> of the court<\/span> concur in that view. The court<\/span> may sit en banc<\/span> upon its own motion<\/span> at any time or upon the petition<\/span> of any party, in any case in which a majority of the court<\/span> determines it is appropriate to do so. The court<\/span> sitting en banc<\/span> shall consider and decide the case and may overrule<\/span> any previous decision by any panel<\/span> or of the full court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The court<\/span> may sit en banc<\/span> with no fewer than 13 judges<\/span>. In all cases decided by the court<\/span> en banc<\/span>, the concurrence of at least a majority of the judges<\/span> sitting shall be required to reverse<\/span> a judgment<\/span>, in whole or in part. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSESSIONS; PANELS; QUORUM; PRESIDING JUDGES; HEARINGS EN BANC (\u00a7 17.1-402)\n\nA. The Court of Appeals shall sit at such locations within the Commonwealth as\nthe chief judge, upon consultation with the other judges of the court, shall\ndesignate so as to provide, insofar as feasible, convenient access to the\nvarious geographic areas of the Commonwealth. The chief judge shall schedule\nsessions of the court as required to discharge expeditiously the business of the\ncourt.\n\nB. The Court of Appeals shall sit in panels of at least three judges each. The\npresence of all judges in the panel shall be necessary to constitute a quorum.\nThe chief judge shall assign the members to panels and, insofar as practicable,\nrotate the membership of the panels. The chief judge shall preside over any\npanel of which he is a member and shall designate the presiding judges of the\nother panels.\n\nC. Each panel shall hear and determine, independently of the others, the\npetitions for appeal pursuant to § 17.1-406 or 19.2-398 and appeals in\ncriminal and civil cases assigned to that panel.\n\nD. The Court of Appeals shall sit en banc (i) when there is a dissent in the\npanel to which the case was originally assigned and an aggrieved party requests\nan en banc hearing and at least six judges of the court vote in favor of such a\nhearing or (ii) when any judge of any panel shall certify that in his opinion a\ndecision of such panel of the court is in conflict with a prior decision of the\ncourt or of any panel thereof and five other judges of the court concur in that\nview. The court may sit en banc upon its own motion at any time or upon the\npetition of any party, in any case in which a majority of the court determines\nit is appropriate to do so. The court sitting en banc shall consider and decide\nthe case and may overrule any previous decision by any panel or of the full\ncourt.\n\nE. The court may sit en banc with no fewer than 13 judges. In all cases decided\nby the court en banc, the concurrence of at least a majority of the judges\nsitting shall be required to reverse a judgment, in whole or in part.\n\nHISTORY: 1983, c. 413, \u00a7 17-116.02; 1984, c. 701; 1988, cc. 71, 478; 1998, c.\n872; 2000, c. 8; 2001, c. 555; 2008, cc. 54, 156; 2021, Sp. Sess. I, c. 489.","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}}