When a circuit court (i) grants a preliminary injunction, (ii) refuses such an injunction, (iii) having granted such an injunction, dissolves or refuses to enlarge it, or (iv) enters an order reviewable pursuant to § 8.01-670.2 or 8.01-670.3, an aggrieved party may file a petition for review with the clerk of the Supreme Court within 15 days of the circuit court's order.
The clerk shall assign the petition to a three-justice panel of the Supreme Court. The aggrieved party shall serve a copy of the petition for review on the counsel for the opposing party, which may file a response within 15 days from the date of service unless otherwise determined by the court. The petition for review shall be accompanied by a copy of the proceedings before the circuit court, including the original papers and the circuit court's order respecting the injunction. The Supreme Court may take such action thereon as it considers appropriate under the circumstances of the case.
Nothing in this section shall be construed to prevent the Supreme Court from resolving a petition for review by an order joined by more than three justices.
Code 1950, § 8-618; 1977, c. 617; 1984, c. 703; 2014, c. 526; 2021, Sp. Sess. I, c. 489; 2022, cc. 307, 714, 714; 2023, c. 741; 2026, c. 366.
Notes of Decisions
Cited in
26
cases (
13 in the last 5 years), 1981–2026 · leading case:
Reid v. Gholson, 327 S.E.2d 107 (Va. 1985).
Reid v. Gholson, 327 S.E.2d 107 (Va. 1985).
· cites it 8× “[6a] The adherents applied to this Court for injunctive relief under Code § 8.01-626. That application was denied as untimely on January 12, 1984.”
Alice Jin-Yue Guan v. Bing Ran, 825 S.E.2d 306 (Va. Ct. App. 2019).
· cites it 6× “Upon a Petition for Review Pursuant to Code § 8.01-626 In a matter of first impression, this Court concludes that we do not have jurisdiction to review an injunction that is not effective due to movant's failure to post a bond.”
Omega Corp. of Chesterfield v. Malloy, 319 S.E.2d 728 (Va. 1984).
· cites it 8× “On November 18, 1981, Omega filed a petition with this Court seeking dissolution of the injunctions under Code § 8.01-626. We dismissed the petition and published an order stating that, because the injunctions were final judgments, the summary procedure authorized by Code § 8.”
Pocahontas Min. Ltd. v. Cnx Gas Co., LLC, 666 S.E.2d 527 (Va. 2008).
· cites it 2× “GeoMet and Pocahontas appealed the injunctive provisions of the May order to this Court under Code § 8.01-626. Concluding that the May order contained injunctive relief that CNX did not request, this Court vacated the portion of the order granting injunctive relief and remanded…”
Commonwealth v. Smith, 337 S.E.2d 278 (Va. 1985).
· cites it 4× “For example, the argument goes, "it seems" that one judge is authorized to rule on the action of a circuit court in an injunction, see Code § 8.01-626, and "it appears" that an individual judge may be authorized to review pretrial bail, see Code § 19.”
Martin v. Howard, 643 S.E.2d 229 (Va. 2007).
· cites it 6× “This appeal, awarded in response to a Petition for Review filed pursuant to Code § 8.01-626, concerns the interpretation and application of Code § 32.”
Gilmore v. Finn, 527 S.E.2d 426 (Va. 2000).
· cites it 2× “” Pursuant to Code § 8.01-626, the Governor filed an emergency petition in this Court for review of the trial court’s order.”
White v. Garraghty, 341 S.E.2d 402 (Va. Ct. App. 1986).
· cites it 3× “A judge of the Court of Appeals shall exercise originally the authority concerning injunctions vested in a justice of the Supreme Court by § 8.01-626. § 17-116.05. Appellate jurisdiction.”
Peterson v. Bass, 343 S.E.2d 475 (Va. Ct. App. 1986).
· cites it 2× “A judge of the Court of Appeals shall exercise initially the authority concerning injunctions vested in a justice of the Supreme Court by § 8.01-626 in any case over which the court would have appellate jurisdiction as provided in §§ 17-116.”
Omega Corp. v. Cobb, 292 S.E.2d 44 (Va. 1981).
· cites it 6× “ORDER On November 25, 1981, came the parties, by counsel, upon the Petition for Review of Injunctions filed on November 18, 1981, by the Omega Corporation of Chesterfield pursuant to Code § 8.01-626. The petitioner seeks to have two injunctions entered on November 5, 1981, by…”
Koski v. Repub. Nat'l Comm. (ORDER) (Va. 2026).
· cites it 14× “01-626 This matter comes before the Court upon a petition for review under Code § 8.01-626. Among other things, the petitioners seek a stay of a temporary restraining order issued by the Circuit Court of Tazewell County that enjoins state election officials and Tazewell election…”
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