{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-675.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-675.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-675.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-675.5.html"}],"law_id":79273,"edition_id":1,"section_id":79273,"structure_id":15278,"section_number":"8.01-675.5","catch_line":"Appeal of interlocutory orders and decrees by permission; immunity","history":"2021, Sp. Sess. I, c. 489; 2022, c. 307; 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 or decree that is not otherwise appealable, any party may file in the circuit court a motion requesting that the circuit court certify such order or decree for interlocutory appeal.\n\t\t\tThe motion shall include a concise analysis of the statutes, rules, or cases believed to be determinative of the issues and request that the court certify in writing that the order or decree involves a question of law as to which (i) there is substantial ground for difference of opinion; (ii) there is no clear, controlling precedent on point in the decisions of the Supreme Court of Virginia or the Court of Appeals of Virginia; (iii) determination of the issues will be dispositive of a material aspect of the proceeding currently pending before the court; and (iv) it is in the parties’ best interest to seek an interlocutory appeal. If the request for certification is opposed by any party, the parties may brief the motion in accordance with the Rules of Supreme Court of Virginia.\n\t\t\tWithin 15 days of the entry of an order by the circuit court granting such certification, a petition for appeal may be filed with the Court of Appeals. If the Court of Appeals determines that the certification by the circuit court has sufficient merit, it may, in its discretion, permit an appeal to be taken from the interlocutory order or decree and shall notify the certifying circuit court and counsel for the parties of its decision.\n\t\t\tThe consideration of any petition and appeal by the Court of Appeals shall be in accordance with the applicable provisions of the Rules of the Supreme Court of Virginia and shall not take precedence on the docket unless the court so orders.B\n\nNo petitions or appeals under this section shall stay proceedings in the circuit court unless the circuit court or appellate court orders such a stay upon a finding that (i) the petition or appeal 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 under this section shall not preclude review of the issue on appeal from a final order. An order by the Supreme Court or Court of Appeals denying interlocutory review under 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":283836,"text":"When, prior to the commencement of trial, the circuit court has entered in any pending civil action an order or decree that is not otherwise appealable, any party may file in the circuit court a motion requesting that the circuit court certify such order or decree for interlocutory appeal.\n\t\t\tThe motion shall include a concise analysis of the statutes, rules, or cases believed to be determinative of the issues and request that the court certify in writing that the order or decree involves a question of law as to which (i) there is substantial ground for difference of opinion; (ii) there is no clear, controlling precedent on point in the decisions of the Supreme Court of Virginia or the Court of Appeals of Virginia; (iii) determination of the issues will be dispositive of a material aspect of the proceeding currently pending before the court; and (iv) it is in the parties’ best interest to seek an interlocutory appeal. If the request for certification is opposed by any party, the parties may brief the motion in accordance with the Rules of Supreme Court of Virginia.\n\t\t\tWithin 15 days of the entry of an order by the circuit court granting such certification, a petition for appeal may be filed with the Court of Appeals. If the Court of Appeals determines that the certification by the circuit court has sufficient merit, it may, in its discretion, permit an appeal to be taken from the interlocutory order or decree and shall notify the certifying circuit court and counsel for the parties of its decision.\n\t\t\tThe consideration of any petition and appeal by the Court of Appeals shall be in accordance with the applicable provisions of the Rules of the Supreme Court of Virginia and shall not take precedence on the docket unless the court so orders.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283837,"text":"No petitions or appeals under this section shall stay proceedings in the circuit court unless the circuit court or appellate court orders such a stay upon a finding that (i) the petition or appeal 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":283838,"text":"The failure of a party to seek interlocutory review under this section shall not preclude review of the issue on appeal from a final order. An order by the Supreme Court or Court of Appeals denying interlocutory review under 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":15278,"edition_id":1,"name":"Appeals to the Court of Appeals","identifier":"26.1","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:53:32","date_modified":"2026-06-26 03:53:32","permalink":{"id":279509,"object_type":"structure","relational_id":15278,"identifier":"26.1","token":"8.01\/26.1","url":"\/8.01\/26.1\/","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":58150,"structure_id":15278,"section_number":"8.01-675.3","catch_line":"Time within which appeal must be taken; notice","url":"\/8.01-675.3\/","token":"8.01\/26.1\/8.01-675.3","metadata":false},{"id":70014,"structure_id":15278,"section_number":"8.01-675.4","catch_line":"Inspection and return of records; certiorari when part of record is omitted; retention of records","url":"\/8.01-675.4\/","token":"8.01\/26.1\/8.01-675.4","metadata":false},{"id":79273,"structure_id":15278,"section_number":"8.01-675.5","catch_line":"Appeal of interlocutory orders and decrees by permission; immunity","url":"\/8.01-675.5\/","token":"8.01\/26.1\/8.01-675.5","metadata":false},{"id":63030,"structure_id":15278,"section_number":"8.01-675.6","catch_line":"Jurisdictional amount","url":"\/8.01-675.6\/","token":"8.01\/26.1\/8.01-675.6","metadata":false}],"previous_section":{"id":70014,"structure_id":15278,"section_number":"8.01-675.4","catch_line":"Inspection and return of records; certiorari when part of record is omitted; retention of records","url":"\/8.01-675.4\/","token":"8.01\/26.1\/8.01-675.4","metadata":false},"next_section":{"id":63030,"structure_id":15278,"section_number":"8.01-675.6","catch_line":"Jurisdictional amount","url":"\/8.01-675.6\/","token":"8.01\/26.1\/8.01-675.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-675.5\/","history_text":"

The record of this law\u2019s original creation isn\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 2022, chapter 307<\/a>; in 2023, chapter 741<\/a>.<\/p>","references":[{"id":86129,"section_number":"17.1-405","catch_line":"Appellate jurisdiction \u2014 Administrative agency, Virginia Workers' Compensation Commission, and civil matter appeals","order_by":null,"url":"\/17.1-405\/"}],"refers_to":false,"permalink":{"id":279519,"object_type":"law","relational_id":79273,"identifier":"8.01-675.5","token":"8.01\/26.1\/8.01-675.5","url":"\/8.01-675.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-675.5\/","token":"8.01\/26.1\/8.01-675.5","dublin_core":{"Title":"Appeal of interlocutory orders and decrees by permission; immunity","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-675.5","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 or decree<\/span> that is not otherwise appealable, any party<\/span> may file in the circuit<\/span> court<\/span> a motion<\/span> requesting that the circuit<\/span> court<\/span> certify such order or decree<\/span> for interlocutory appeal<\/span>.\n\t\t\tThe motion<\/span> shall include a concise analysis of the statutes<\/span>, rules, or cases believed to be determinative of the issues<\/span> and request that the court<\/span> certify in writing that the order or decree<\/span> involves a question of law<\/span> as to which (i) there is substantial ground for difference of opinion<\/span>; (ii) there is no clear, controlling precedent<\/span> on point in the decisions of the Supreme Court<\/span> of Virginia or the Court<\/span> of Appeals<\/span> of Virginia; (iii) determination of the issues<\/span> will be dispositive of a material<\/span> aspect of the proceeding currently pending before the court<\/span>; and (iv) it is in the parties’ best interest to seek an interlocutory appeal<\/span>. If the request for certification is opposed by any party<\/span>, the parties may brief<\/span> the motion<\/span> in accordance with the Rules of Supreme Court<\/span> of Virginia.\n\t\t\tWithin 15 days of the entry of an order by the circuit<\/span> court<\/span> granting such certification, a petition<\/span> for appeal<\/span> may be filed with the Court<\/span> of Appeals<\/span>. If the Court<\/span> of Appeals<\/span> determines that the certification by the circuit<\/span> court<\/span> has sufficient merit, it may, in its discretion, permit an appeal<\/span> to be taken from the interlocutory order<\/span> or decree<\/span> and shall notify the certifying circuit<\/span> court<\/span> and counsel<\/span> for the parties of its decision.\n\t\t\tThe consideration of any petition<\/span> and appeal<\/span> by the Court<\/span> of Appeals<\/span> shall be in accordance with the applicable provisions of the Rules of the Supreme Court<\/span> of Virginia and shall not take precedence on the docket<\/span> unless the court<\/span> so orders<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No petitions<\/span> or appeals<\/span> under this section shall stay<\/span> proceedings in the circuit<\/span> court unless the circuit<\/span> court or appellate<\/span> court orders<\/span> such a stay<\/span> upon a finding<\/span> that (i) the petition<\/span> or appeal<\/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 review under this section shall not preclude review of the issue<\/span> on appeal<\/span> from a final order<\/span>. An order by the Supreme Court or Court of Appeals<\/span> denying interlocutory review under this section shall not preclude review of the issue<\/span> on appeal<\/span> from a final order<\/span>, unless the order denying such interlocutory review provides for such preclusion. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL OF INTERLOCUTORY ORDERS AND DECREES BY PERMISSION; IMMUNITY (\u00a7\n8.01-675.5)\n\nA. When, prior to the commencement of trial, the circuit court has entered in\nany pending civil action an order or decree that is not otherwise appealable,\nany party may file in the circuit court a motion requesting that the circuit\ncourt certify such order or decree for interlocutory appeal.\n\t\t\tThe motion shall include a concise analysis of the statutes, rules, or cases\nbelieved to be determinative of the issues and request that the court certify in\nwriting that the order or decree involves a question of law as to which (i)\nthere is substantial ground for difference of opinion; (ii) there is no clear,\ncontrolling precedent on point in the decisions of the Supreme Court of Virginia\nor the Court of Appeals of Virginia; (iii) determination of the issues will be\ndispositive of a material aspect of the proceeding currently pending before the\ncourt; and (iv) it is in the parties’ best interest to seek an\ninterlocutory appeal. If the request for certification is opposed by any party,\nthe parties may brief the motion in accordance with the Rules of Supreme Court\nof Virginia.\n\t\t\tWithin 15 days of the entry of an order by the circuit court granting such\ncertification, a petition for appeal may be filed with the Court of Appeals. If\nthe Court of Appeals determines that the certification by the circuit court has\nsufficient merit, it may, in its discretion, permit an appeal to be taken from\nthe interlocutory order or decree and shall notify the certifying circuit court\nand counsel for the parties of its decision.\n\t\t\tThe consideration of any petition and appeal by the Court of Appeals shall be\nin accordance with the applicable provisions of the Rules of the Supreme Court\nof Virginia and shall not take precedence on the docket unless the court so\norders.\n\nB. No petitions or appeals under this section shall stay proceedings in the\ncircuit court unless the circuit court or appellate court orders such a stay\nupon a finding that (i) the petition or appeal could be dispositive of the\nentire civil action or (ii) there exists good cause, other than the pending\npetition or appeal, to stay the proceedings.\n\nC. The failure of a party to seek interlocutory review under this section shall\nnot preclude review of the issue on appeal from a final order. An order by the\nSupreme Court or Court of Appeals denying interlocutory review under 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: 2021, Sp. Sess. I, c. 489; 2022, c. 307; 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}}