Virginia Code 8.01-670.2: Appeal of interlocutory orders and decrees; immunity
A. 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.
Terms Used In Virginia Code 8.01-670.2
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Person: shall include individuals, a trust, an estate, a partnership, an association, an order, a corporation, or any other legal or commercial entity;
6. See Virginia Code 8.01-2
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
B. 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.
C. 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.
2023, c. 741.