{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-670.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-670.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-670.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-670.2.html"}],"law_id":71907,"edition_id":1,"section_id":71907,"structure_id":13642,"section_number":"8.01-670.2","catch_line":"Appeal of interlocutory orders and decrees; immunity","history":"2023, c. 741.","full_text":"A\n\nWhen, prior to the commencement of trial, the circuit court has entered in any pending civil action an order granting or denying a plea of sovereign, absolute, or qualified immunity that, if granted, would immunize the movant from compulsory participation in the proceeding, the order is eligible for immediate appellate review. Any person aggrieved by such order may, within 15 days of the entry of such order, file a petition for review with the Supreme Court in accordance with the procedures set forth in § 8.01-626.B\n\nNo petition under this section shall stay proceedings in the circuit court unless the circuit court finds or the Supreme Court orders such a stay upon a finding that (i) the petition could be dispositive of the entire civil action or (ii) there exists good cause, other than the pending petition or appeal, to stay the proceedings.C\n\nThe failure of a party to seek interlocutory review in accordance with this section shall not preclude review of the issue on appeal from a final order. An order by the Supreme Court denying interlocutory review in accordance with this section shall not preclude review of the issue on appeal from a final order, unless the order denying such interlocutory review provides for such preclusion.","order_by":null,"text":{"0":{"id":259099,"text":"When, prior to the commencement of trial, the circuit court has entered in any pending civil action an order granting or denying a plea of sovereign, absolute, or qualified immunity that, if granted, would immunize the movant from compulsory participation in the proceeding, the order is eligible for immediate appellate review. Any person aggrieved by such order may, within 15 days of the entry of such order, file a petition for review with the Supreme Court in accordance with the procedures set forth in § 8.01-626.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":259100,"text":"No petition under this section shall stay proceedings in the circuit court unless the circuit court finds or the Supreme Court orders such a stay upon a finding that (i) the petition could be dispositive of the entire civil action or (ii) there exists good cause, other than the pending petition or appeal, to stay the proceedings.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":259101,"text":"The failure of a party to seek interlocutory review in accordance with this section shall not preclude review of the issue on appeal from a final order. An order by the Supreme Court denying interlocutory review in accordance with this section shall not preclude review of the issue on appeal from a final order, unless the order denying such interlocutory review provides for such preclusion.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13642,"edition_id":1,"name":"When Granted","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13641,"metadata":{},"date_created":"2026-06-26 03:45:27","date_modified":"2026-06-26 03:45:27","permalink":{"id":279463,"object_type":"structure","relational_id":13642,"identifier":"2","token":"8.01\/26\/2","url":"\/8.01\/26\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13641,"edition_id":1,"name":"Appeals to the Supreme Court","identifier":"26","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:45:27","date_modified":"2026-06-26 03:45:27","permalink":{"id":279455,"object_type":"structure","relational_id":13641,"identifier":"26","token":"8.01\/26","url":"\/8.01\/26\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54613,"structure_id":13642,"section_number":"8.01-670","catch_line":"In what cases awarded","url":"\/8.01-670\/","token":"8.01\/26\/2\/8.01-670","metadata":false},{"id":74324,"structure_id":13642,"section_number":"8.01-670.1","catch_line":"Repealed","url":"\/8.01-670.1\/","token":"8.01\/26\/2\/8.01-670.1","metadata":false},{"id":71907,"structure_id":13642,"section_number":"8.01-670.2","catch_line":"Appeal of interlocutory orders and decrees; immunity","url":"\/8.01-670.2\/","token":"8.01\/26\/2\/8.01-670.2","metadata":false},{"id":86280,"structure_id":13642,"section_number":"8.01-671","catch_line":"Time within which petition must be presented","url":"\/8.01-671\/","token":"8.01\/26\/2\/8.01-671","metadata":false},{"id":65611,"structure_id":13642,"section_number":"8.01-672","catch_line":"Repealed","url":"\/8.01-672\/","token":"8.01\/26\/2\/8.01-672","metadata":false}],"previous_section":{"id":74324,"structure_id":13642,"section_number":"8.01-670.1","catch_line":"Repealed","url":"\/8.01-670.1\/","token":"8.01\/26\/2\/8.01-670.1","metadata":false},"next_section":{"id":86280,"structure_id":13642,"section_number":"8.01-671","catch_line":"Time within which petition must be presented","url":"\/8.01-671\/","token":"8.01\/26\/2\/8.01-671","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-670.2\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapter 741<\/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.<\/p>","references":[{"id":65243,"section_number":"8.01-626","catch_line":"Review of injunction; petitions for review","order_by":null,"url":"\/8.01-626\/"}],"refers_to":false,"permalink":{"id":279473,"object_type":"law","relational_id":71907,"identifier":"8.01-670.2","token":"8.01\/26\/2\/8.01-670.2","url":"\/8.01-670.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-670.2\/","token":"8.01\/26\/2\/8.01-670.2","dublin_core":{"Title":"Appeal of interlocutory orders and decrees; immunity","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-670.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When, prior to the commencement of trial<\/span>, the circuit<\/span> court<\/span> has entered in any pending civil action<\/span> an order<\/span> granting or denying a plea<\/span> of sovereign, absolute, or qualified immunity that, if granted, would immunize the movant from compulsory participation in the proceeding, the order<\/span> is eligible for immediate appellate<\/span> review. Any person<\/span> aggrieved by such order<\/span> may, within 15 days of the entry of such order<\/span>, file a petition<\/span> for review with the Supreme Court<\/span> in accordance with the procedures set forth in § 8.01-626<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No petition<\/span> under this section shall stay<\/span> proceedings in the circuit<\/span> court unless the circuit<\/span> court finds or the Supreme Court orders<\/span> such a stay<\/span> upon a finding<\/span> that (i) the petition<\/span> could be dispositive of the entire civil action<\/span> or (ii) there exists good cause, other than the pending petition<\/span> or appeal<\/span>, to stay<\/span> the proceedings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The failure of a party<\/span> to seek interlocutory<\/span> review in accordance with this section shall not preclude review of the issue<\/span> on appeal<\/span> from a final order<\/span>. An order by the Supreme Court denying interlocutory<\/span> review in accordance with this section shall not preclude review of the issue<\/span> on appeal<\/span> from a final order<\/span>, unless the order denying such interlocutory<\/span> review provides for such preclusion. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL OF INTERLOCUTORY ORDERS AND DECREES; IMMUNITY (\u00a7 8.01-670.2)\n\nA. When, prior to the commencement of trial, the circuit court has entered in\nany pending civil action an order granting or denying a plea of sovereign,\nabsolute, or qualified immunity that, if granted, would immunize the movant from\ncompulsory participation in the proceeding, the order is eligible for immediate\nappellate review. Any person aggrieved by such order may, within 15 days of the\nentry of such order, file a petition for review with the Supreme Court in\naccordance with the procedures set forth in § 8.01-626.\n\nB. No petition under this section shall stay proceedings in the circuit court\nunless the circuit court finds or the Supreme Court orders such a stay upon a\nfinding that (i) the petition could be dispositive of the entire civil action or\n(ii) there exists good cause, other than the pending petition or appeal, to stay\nthe proceedings.\n\nC. The failure of a party to seek interlocutory review in accordance with this\nsection shall not preclude review of the issue on appeal from a final order. An\norder by the Supreme Court denying interlocutory review in accordance with this\nsection shall not preclude review of the issue on appeal from a final order,\nunless the order denying such interlocutory review provides for such preclusion.\n\nHISTORY: 2023, c. 741.","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}}