SB 771

            
2020 SESSION

20102379D

SENATE BILL NO. 771


Offered January 8, 2020


Prefiled January 8, 2020

A BILL to amend and reenact � 8.01-670.1 of the Code of 
 Virginia, relating to interlocutory appeals; immunity.
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Patron-- Stanley

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Referred to Committee on the Judiciary

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Be it enacted by the General Assembly of Virginia:
 
 
1. That � 8.01-670.1 of the Code of Virginia is amended and 
 reenacted as follows:
 
 
� 8.01-670.1. Appeal of interlocutory orders and decrees by 
 permission; immunity.
 
 
A. When, 
 prior to the commencement of trial, the circuit court has entered in any 
 pending civil action, except any matters appealable to the Court of Appeals 
 pursuant to � 17.1-405, an order or decree that is not otherwise appealable, 
 any party may file in the circuit court a 
 statement of the reasons why an immediate motion requesting that the circuit court certify such 
 order or decree for interlocutory appeal should be permitted.
 
 
The statement 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) the court and the 
 parties agree 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 the 
 Supreme Court of Virginia. 
 
 
Within ten 15 days of 
 the entry of an order by the circuit court granting such 
 certification by the circuit court, 
 a petition for appeal may be filed with the appellate court that would have 
 jurisdiction in an appeal from a final judgment in the proceeding. If the 
 appellate court 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. No 
 petitions or appeals under this section shall stay proceedings in the circuit 
 court unless the circuit court or appellate court so orders.
 
 
The consideration of any petition and appeal by the appellate 
 court 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. 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 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 appropriate appellate court in accordance with 
 the procedures set forth in � 8.01-626.
 
 
C. 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.
 
 
D. 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 appellate court 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.
 
 
2. That the provisions of this act apply to civil actions that are pending as of July 1, 
 2020, in which trial has not yet commenced, provided 
 that, where an order denying a plea of immunity has been entered prior to July 
 1, 2020, a petition for review under subsection B of � 
 8.01-670.1 of the Code of Virginia, as amended by this act, may be filed within 15 days of July 1, 2020.