                                 CODE OF VIRGINIA

SESSIONS; PANELS; QUORUM; PRESIDING JUDGES; HEARINGS EN BANC (§ 17.1-402)

A. 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.

B. 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.

C. Each panel shall hear and determine, independently of the others, the
petitions for appeal pursuant to &#xA7; 17.1-406 or 19.2-398 and appeals in
criminal and civil cases assigned to that panel.

D. 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.

E. 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.

HISTORY: 1983, c. 413, § 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.