A. When, prior to the commencement of trial, the circuit court has entered in any pending civil action an order or decree that is not otherwise appealable, any party may file in the circuit court a motion requesting that the circuit court certify such order or decree for interlocutory appeal.
The 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) 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 Supreme Court of Virginia.
Within 15 days of the entry of an order by the circuit court granting such certification, a petition for appeal may be filed with the Court of Appeals. If the Court of Appeals 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.
The consideration of any petition and appeal by the Court of Appeals 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. 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 upon a finding that (i) the petition or appeal 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 under this section shall not preclude review of the issue on appeal from a final order. An order by the Supreme Court or Court of Appeals 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.
2021, Sp. Sess. I, c. 489; 2022, c. 307; 2023, c. 741.
Notes of Decisions
Bikachi Amisi v. Lakeyta Brooks, 93 F.4th 659 (4th Cir. 2024).
“Va. Code Ann. § 8.01-675.5 (West). And even then, the Court of Appeals retains discretion over whether it will entertain the interlocutory appeal.”
Episcopal Diocese of S. Virginia v. Robert K. Marshall, 81 Va. App. 255 (Va. Ct. App. 2024).
· cites it 10× “The trial court, however, granted Bishop Haynes’s motion to certify the order for interlocutory appeal under Code § 8.01-675.5, staying further proceedings pending resolution of this appeal.”
Tuscarora MarketPlace Partners, LLC v. First Nat'l Bank, 82 Va. App. 261 (Va. Ct. App. 2024).
· cites it 8× “-5- On June 13, 2023, Tuscarora MarketPlace filed motions to suspend the injunction and to certify for interlocutory appeal to this Court the circuit court’s order granting FNB’s motion for summary judgment pursuant to Code § 8.01-675.5(A). On July 24, 2023, the circuit court…”
Commonwealth of Virginia v. Hannah Fatima Muwahhid, 887 S.E.2d 801 (Va. Ct. App. 2023).
· cites it 5× “1 Appellee sued the Commonwealth under the Virginia Tort Claims Act (“VTCA”) 1 On January 1, 2022, by amendment to Code § 8.01-675.5(B), the General Assembly granted this Court jurisdiction over appeals “granting or denying a plea of sovereign[] .”
Mary Washington Healthcare v. Helen Costello, 921 S.E.2d 277 (Va. Ct. App. 2025).
· cites it 9× “ANALYSIS As a threshold matter, we address Costello’s contention that we lack jurisdiction over this interlocutory appeal because the circuit court’s certification did not explicitly address the four elements listed in the applicable statute, Code § 8.01-675.5. We disagree. The…”
Harvey B. Hazelwood v. Lawyer Garage, LLC, 904 S.E.2d 322 (Va. Ct. App. 2024).
· cites it 3× “8 On June 1, 2023, Hazelwood filed a motion for interlocutory appeal pursuant to Code §§ 8.01-675.5 and 8.01-267.8. On June 20, 2023, a hearing was held on Hazelwood’s motion, and on July 18, 2023, the circuit court entered an order permitting Hazelwood to petition this Court…”
J.M. v. A.A., 903 S.E.2d 513 (Va. Ct. App. 2024).
· cites it 6× “Because Code § 8.01-675.5 authorizes appeals from orders or decrees, as opposed to appeals of isolated issues, the Court may consider any issue raised by the parties that the circuit court addressed in the May 3 order.”
J.M. v. A.A., 903 S.E.2d 513 (Va. Ct. App. 2024).
· cites it 6× “Because Code § 8.01-675.5 authorizes appeals from orders or decrees, as opposed to appeals of isolated issues, the Court may consider any issue raised by the parties that the circuit court addressed in the May 3 order.”
J.M. v. A.A., 903 S.E.2d 513 (Va. Ct. App. 2024).
· cites it 6× “Because Code § 8.01-675.5 authorizes appeals from orders or decrees, as opposed to appeals of isolated issues, the Court may consider any issue raised by the parties that the circuit court addressed in the May 3 order.”
A.A. v. J.M., 903 S.E.2d 513 (Va. Ct. App. 2024).
· cites it 6× “Because Code § 8.01-675.5 authorizes appeals from orders or decrees, as opposed to appeals of isolated issues, the Court may consider any issue raised by the parties that the circuit court addressed in the May 3 order.”
Va. Code Ann. § 8.01-675.5(A): 12 cases
Tuscarora MarketPlace Partners, LLC v. First Nat'l Bank, 82 Va. App. 261 (Va. Ct. App. 2024).
“-5- On June 13, 2023, Tuscarora MarketPlace filed motions to suspend the injunction and to certify for interlocutory appeal to this Court the circuit court’s order granting FNB’s motion for summary judgment pursuant to Code § 8.01-675.5(A). On July 24, 2023, the circuit court…”
Episcopal Diocese of S. Virginia v. Robert K. Marshall, 81 Va. App. 255 (Va. Ct. App. 2024).
“The trial court, however, granted Bishop Haynes’s motion to certify the order for interlocutory appeal under Code § 8.01-675.5, staying further proceedings pending resolution of this appeal.”
Va. Code Ann. § 8.01-675.5(A)(iii): 1 case
Va. Code Ann. § 8.01-675.5(B): 1 case
Commonwealth of Virginia v. Hannah Fatima Muwahhid, 887 S.E.2d 801 (Va. Ct. App. 2023).
“1 Appellee sued the Commonwealth under the Virginia Tort Claims Act (“VTCA”) 1 On January 1, 2022, by amendment to Code § 8.01-675.5(B), the General Assembly granted this Court jurisdiction over appeals “granting or denying a plea of sovereign[] .”
Va. Code Ann. § 8.01-675.5(C): 1 case
Va. Code Ann. § 8.01-675.5(D): 1 case
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