17.1-308 - Court may sit and render final judgment en banc or in divisions; when decision becomes judgment of Court; majority must concur in declaring law unconstitutional; rehearings. - Virginia Statutes

§ 17.1-308. Court may sit and render final judgment en banc or in divisions;when decision becomes judgment of Court; majority must concur in declaringlaw unconstitutional; rehearings.

The Supreme Court may sit and render final judgment en banc or in divisions,as may be prescribed by rules of the Court not inconsistent with theprovisions of this section. No decision shall become the judgment of theCourt, however, except on the concurrence of at least three justices, and nolaw shall be declared unconstitutional under either the Constitution ofVirginia or the Constitution of the United States except on the concurrenceof at least a majority of all justices of the Supreme Court. If the justicescomposing any division differ as to the judgment to be rendered in any causeor if any justice of such division, within a time and in a manner to be fixedby the rules of the Court, shall certify that in his opinion any decision ofsuch division of the Court is in conflict with a prior decision of the Court,or of one of the divisions thereof, the case shall be reheard and decided bythe Court sitting en banc.

(Code 1919, § 5862, § 17-94; 1938, p. 133; 1971, Ex. Sess., c. 51; 1998, c.872.)