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2002 SESSION
HB 257 Appeal of interlocutory orders and decrees by permission.
Introduced by: Michele B. McQuigg | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED:
Appeal of interlocutory orders and decrees by permission. Provides that a party in a civil action may petition for an interlocutory appeal when, prior to the commencement of trial, a circuit court has entered in any pending civil action an order or decree that is not otherwise appealable. The appealing party must file with the circuit court a statement of the reasons why an immediate interlocutory appeal should be permitted on the basis 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 appellate courts of Virginia, (iii) determination of the issue will be dispositive of a material aspect of the proceeding, and (iv) the court and the parties agree it is in the parties' best interest to seek an interlocutory appeal. Upon certification by the circuit court, a petition for appeal is filed with the appellate court that would have jurisdiction in an appeal from a final judgment.
SUMMARY AS PASSED HOUSE:
Appeal of interlocutory orders and decrees by permission. Provides that a party in a civil action may petition for an interlocutory appeal when, prior to the commencement of trial, a circuit court has entered in any pending civil action an order or decree that is not otherwise appealable. The appealing party must file with the circuit court a statement of the reasons why an immediate interlocutory appeal should be permitted on the basis 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 appellate courts of Virginia, (iii) determination of the issue will be dispositive of a material aspect of the proceeding, and (iv) the court and the parties agree it is in the parties' best interest to seek an interlocutory appeal. Upon certification by the circuit court, a petition for appeal is filed with the appellate court that would have jurisdiction in an appeal from a final judgment.
SUMMARY AS INTRODUCED:
Appeal of interlocutory orders and decrees by permission. Provides that a party in a civil action may be granted an interlocutory appeal when, prior to the commencement of trial, a circuit court has entered in any pending civil action an order or decree that is not otherwise appealable, any party may file in the court a statement of the reasons why an immediate interlocutory appeal should be permitted on the basis 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 appellate courts of Virginia, and (iii) determination of the issue(s) will be dispositive of a material aspect of the proceeding..