Virginia Code

Va. Code Ann. § 8.01-670.2 (2026)

Appeal of interlocutory orders and decrees; immunity

✓ current as of May 2026

Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

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.

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.

Notes of Decisions

Cited in 4 cases (4 in the last 5 years), 2023–2025 · leading case: Virginia Dep't of Transp. v. Sumner Falls Run, LLC (ORDER) (Va. 2024).

Sort: Relevance Newest Treatment

Virginia Dep't of Transp. v. Sumner Falls Run, LLC (ORDER) (Va. 2024). · cites it 5× “2 Justices McCullough, Russell, and Mann Upon consideration of the petitions filed pursuant to Code § 8.01-670.2, the Court is of opinion that the judgment below should be reversed.”

Knudsen v. Taylor (ORDER) (Va. 2025). · cites it 5× “UPON A PETITION UNDER CODE § 8.01-670.2. This petition for review seeks to invoke our narrow jurisdiction over interlocutory orders.”

Commonwealth of Virginia v. Hannah Fatima Muwahhid (Va. Ct. App. 2023). · cites it 2× “5(B) was recodified at Code § 8.01-670.2(A), effective immediately and without a savings clause.”

— Va. Code Ann. § 8.01-670.2(A) — 2 cases

Knudsen v. Taylor (ORDER) (Va. 2025). “UPON A PETITION UNDER CODE § 8.01-670.2. This petition for review seeks to invoke our narrow jurisdiction over interlocutory orders.”

Commonwealth of Virginia v. Hannah Fatima Muwahhid (Va. Ct. App. 2023). “5(B) was recodified at Code § 8.01-670.2(A), effective immediately and without a savings clause.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.