17.1-409 - Certification to the Supreme Court. - Virginia Statutes

§ 17.1-409. Certification to the Supreme Court.

A. In any case in which an appeal has been taken to or filed with the Courtof Appeals, the Supreme Court in its discretion, on motion of the Court ofAppeals, or on its own motion, may certify the case for review by the SupremeCourt before it has been determined by the Court of Appeals. The effect ofsuch certification shall be to transfer jurisdiction over the case to theSupreme Court for all purposes.

B. Such certification may be made only when, in its discretion, the SupremeCourt determines that:

1. The case is of such imperative public importance as to justify thedeviation from normal appellate practice and to require prompt decision inthe Supreme Court; or

2. The docket or the status of the work of the Court of Appeals is such thatthe sound or expeditious administration of justice requires that jurisdictionover the case be transferred to the Supreme Court.

(1983, c. 413, § 17-116.06; 1984, c. 701; 1998, c. 872.)