Virginia HB 1386: Interlocutory decrees or orders, certain; appeals, report.

Bill Text

2023SESSION
INTRODUCED
23101460D
1 HOUSEBILLNO.1386
2 OfferedJanuary11,2023
3 PrefiledNovember13,2022
4 A BILL to amend and reenact §§ 8.01-626, 8.01-675.5, and 17.1-405 of the Code of Virginia, relating to
5 appeals of certain interlocutory decrees or orders; report.
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Patron––Ballard
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8 ReferredtoCommitteeforCourtsofJustice
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §§ 8.01-626, 8.01-675.5, and 17.1-405 of the Code of Virginia are amended and reenacted
12 as follows:
13 §8.01-626. Review of injunction; petitions for review.
14 When a circuit court (i) grants a preliminary or permanent injunction, (ii) refuses such an injunction,
15 or (iii) having granted such an injunction, dissolves or refuses to enlarge it, or (iv) enters an order
16 reviewable pursuant to subsection B of § 8.01-675.5, an aggrieved party may file a petition for review
17 with the clerk of the Supreme Court within 15 days of the circuit court's order.
18 The clerk shall assign the petition to a three-justice panel of the Supreme Court. The aggrieved party
19 shall serve a copy of the petition for review on the counsel for the opposing party, which may file a
20 response within seven days from the date of service unless the court determines a shorter time frame.
21 The petition for review shall be accompanied by a copy of the proceedings before the circuit court,
22 including the original papers and the circuit court's order respecting the injunction. The Supreme Court
23 may take such action thereon as it considers appropriate under the circumstances of the case.
24 Nothing in this section shall be construed to prevent the Supreme Court from resolving a petition for
25 review by an order joined by more than three justices.
26 §8.01-675.5. Appeal of interlocutory orders and decrees by permission; immunity.
27 A. When, prior to the commencement of trial, the circuit court has entered in any pending civil
28 action an order or decree that is not otherwise appealable, any party may file in the circuit court a
29 motion requesting that the circuit court certify such order or decree for interlocutory appeal.
30 The motion shall include a concise analysis of the statutes, rules, or cases believed to be
31 determinative of the issues and request that the court certify in writing that the order or decree involves
32 a question of law as to which (i) there is substantial ground for difference of opinion; (ii) there is no
33 clear, controlling precedent on point in the decisions of the Supreme Court of Virginia or the Court of
34 Appeals of Virginia; (iii) determination of the issues will be dispositive of a material aspect of the
35 proceeding currently pending before the court; and (iv) it is in the parties' best interest to seek an
36 interlocutory appeal. If the request for certification is opposed by any party, the parties may brief the
37 motion in accordance with the Rules of Supreme Court of Virginia.
38 Within 15 days of the entry of an order by the circuit court granting such certification, a petition for
39 appeal may be filed with the Court of Appeals. If the Court of Appeals determines that the certification
40 by the circuit court has sufficient merit, it may, in its discretion, permit an appeal to be taken from the
41 interlocutory order or decree and shall notify the certifying circuit court and counsel for the parties of its
42 decision.
43 The consideration of any petition and appeal by the Court of Appeals shall be in accordance with the
44 applicable provisions of the Rules of the Supreme Court of Virginia and shall not take precedence on
45 the docket unless the court so orders.
46 B. When, prior to the commencement of trial, the circuit court has entered in any pending civil
47 action an order granting or denying a plea of sovereign, absolute, or qualified immunity that, if granted,
48 would immunize the movant from compulsory participation in the proceeding, the order is eligible for
49 immediate appellate review. Any person aggrieved by such order may, within 15 days of the entry of
50 such order, file a petition for review with the Supreme Court in accordance with the procedures set forth
51 in § 8.01-626 of Appeals. The clerk shall assign the petition to a three-judge panel of the Court of
52 Appeals. The aggrieved party shall serve a copy of the petition for review on the counsel for the
53 opposing party, which may file a response within seven days from the date of service unless the court
54 determines a shorter time frame. The petition for review shall be accompanied by a copy of the
55 proceedings, including the original papers and the court's order respecting the injunction. The court
56 may take such action thereon as it considers appropriate under the circumstances of the case.
57 When the Court of Appeals has initially acted upon a petition for review of an order of a circuit
58 court granting or denying a plea of sovereign, absolute, or qualified immunity