{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-409.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-409.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-409.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-409.html"}],"law_id":59397,"edition_id":1,"section_id":59397,"structure_id":13285,"section_number":"17.1-409","catch_line":"Certification to the Supreme Court","history":"1983, c. 413, \u00a7 17-116.06; 1984, c. 701; 1998, c. 872.","full_text":"A\n\nIn any case in which an appeal has been taken to or filed with the Court of Appeals, the Supreme Court in its discretion, on motion of the Court of Appeals, or on its own motion, may certify the case for review by the Supreme Court before it has been determined by the Court of Appeals. The effect of such certification shall be to transfer jurisdiction over the case to the Supreme Court for all purposes.B\n\nSuch certification may be made only when, in its discretion, the Supreme Court determines that:1\n\nThe case is of such imperative public importance as to justify the deviation from normal appellate practice and to require prompt decision in the Supreme Court; or2\n\nThe docket or the status of the work of the Court of Appeals is such that the sound or expeditious administration of justice requires that jurisdiction over the case be transferred to the Supreme Court.","order_by":null,"text":{"0":{"id":217702,"text":"In any case in which an appeal has been taken to or filed with the Court of Appeals, the Supreme Court in its discretion, on motion of the Court of Appeals, or on its own motion, may certify the case for review by the Supreme Court before it has been determined by the Court of Appeals. The effect of such certification shall be to transfer jurisdiction over the case to the Supreme Court for all purposes.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":217703,"text":"Such certification may be made only when, in its discretion, the Supreme Court determines that:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":217704,"text":"The case is of such imperative public importance as to justify the deviation from normal appellate practice and to require prompt decision in the Supreme Court; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":217705,"text":"The docket or the status of the work of the Court of Appeals is such that the sound or expeditious administration of justice requires that jurisdiction over the case be transferred to the Supreme Court.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-409\/","history_text":"<p>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 2 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 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0872\">872<\/a>.<\/p>","references":[{"id":65497,"section_number":"19.2-407","catch_line":"Review by the Supreme Court","order_by":null,"url":"\/19.2-407\/"}],"refers_to":false,"permalink":{"id":163655,"object_type":"law","relational_id":59397,"identifier":"17.1-409","token":"17.1\/4\/17.1-409","url":"\/17.1-409\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-409\/","token":"17.1\/4\/17.1-409","dublin_core":{"Title":"Certification to the Supreme Court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-409","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> In any case in which an <span class=\"dictionary\">appeal<\/span> has been taken to or filed with the <span class=\"dictionary\">Court<\/span> of <span class=\"dictionary\">Appeals<\/span>, the Supreme <span class=\"dictionary\">Court<\/span> in its discretion, on <span class=\"dictionary\">motion<\/span> of the <span class=\"dictionary\">Court<\/span> of <span class=\"dictionary\">Appeals<\/span>, or on its own <span class=\"dictionary\">motion<\/span>, may certify the case for review by the Supreme <span class=\"dictionary\">Court<\/span> before it has been determined by the <span class=\"dictionary\">Court<\/span> of <span class=\"dictionary\">Appeals<\/span>. The effect of such certification shall be to transfer <span class=\"dictionary\">jurisdiction<\/span> over the case to the Supreme <span class=\"dictionary\">Court<\/span> for all purposes. <a id=\"paragraph-217702\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-409\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Such certification may be made only when, in its discretion, the Supreme <span class=\"dictionary\">Court<\/span> determines that: <a id=\"paragraph-217703\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-409\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The case is of such imperative public importance as to justify the deviation from normal <span class=\"dictionary\">appellate<\/span> practice and to require prompt decision in the Supreme <span class=\"dictionary\">Court<\/span>; or <a id=\"paragraph-217704\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-409\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The <span class=\"dictionary\">docket<\/span> or the status of the work of the <span class=\"dictionary\">Court<\/span> of <span class=\"dictionary\">Appeals<\/span> is such that the sound or expeditious administration of justice requires that <span class=\"dictionary\">jurisdiction<\/span> over the case be transferred to the Supreme <span class=\"dictionary\">Court<\/span>. <a id=\"paragraph-217705\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-409\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCERTIFICATION TO THE SUPREME COURT (\u00a7 17.1-409)\n\nA. In any case in which an appeal has been taken to or filed with the Court of\nAppeals, the Supreme Court in its discretion, on motion of the Court of Appeals,\nor on its own motion, may certify the case for review by the Supreme Court\nbefore it has been determined by the Court of Appeals. The effect of such\ncertification shall be to transfer jurisdiction over the case to the Supreme\nCourt for all purposes.\n\nB. Such certification may be made only when, in its discretion, the Supreme\nCourt determines that:\n\n   1. The case is of such imperative public importance as to justify the\n   deviation from normal appellate practice and to require prompt decision in the\n   Supreme Court; or\n\n   2. The docket or the status of the work of the Court of Appeals is such that\n   the sound or expeditious administration of justice requires that jurisdiction\n   over the case be transferred to the Supreme Court.\n\nHISTORY: 1983, c. 413, \u00a7 17-116.06; 1984, c. 701; 1998, c. 872.","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}}