14100529D
HOUSE BILL NO. 302
Offered January 8, 2014
Prefiled December 31, 2013
A BILL to amend and reenact §8.01-626 of the Code of
Virginia, relating to injunctions; expedited review of final and interlocutory
orders; opposition to petition for review.
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Patron-- Loupassi
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:
1. That §8.01-626 of the Code of Virginia is amended and
reenacted as follows:
§8.01-626. When a circuit court grants or refuses an
injunction, the Supreme Court or Court of Appeals may review it.
Wherein When a circuit court enters an interlocutory or final order that
(i) grants an injunction or; (ii)
refuses an injunction;
or (iii) having granted an injunction, dissolves it
or refuses to enlarge it, an aggrieved party may, within
fifteen 15
days of the entry of the circuit
court's order, present a petition for review to a
justice of the Supreme Court; however, if the issue
concerning the injunction arose in a case over which the Court of Appeals would
have appellate jurisdiction under §17.1-405 or §17.1-406, the petition for
review shall be initially presented to a judge of
the Court of Appeals within fifteen 15 days of the entry of the circuit court's
order. In either case, the aggrieved party shall provide
notice to the opposing party that such a petition for review has been filed.
The opposing party shall have 15 days after the filing of the petition for
review to submit its opposition, unless the Supreme
Court or Court of Appeals decides that a shorter time for the filing of an
opposition is necessary, or that there are exceptional
circumstances requiring the petition for review to be resolved at the earliest
possible time without the filing of an opposition. The
petition for review shall be
accompanied by a copy copies of
the proceedings relevant papers
filed in the circuit court, including
the original papers a transcript of
relevant hearings, if available, and of
the circuit court's order
respecting the injunction. The justice or judge Supreme Court or Court of Appeals
may then take such action thereon as he
considers is
appropriate under the circumstances of the case.
When a judge of
the Court of Appeals has initially acted upon a petition for review of an order
of a circuit court respecting an injunction, a party aggrieved by such action of the judge of the Court of Appeals
may, within fifteen 15 days of the order of the judge entry of the order of the Court of Appeals order, present a petition for review of such order to a justice of the Supreme Court
if the case would otherwise be appealable to the Supreme Court in accordance
with §17.1-410. The aggrieved party
shall provide notice to the opposing party that such a petition for review has
been filed. The opposing party shall have 15 days after the filing of the
petition for review to submit its opposition, unless the Supreme Court decides
that a shorter time
for filing an opposition is necessary, or that there are exceptional
circumstances requiring the petition for review to be resolved at the earliest
possible time without the filing of an opposition. The
petition for review shall be
accompanied by a copy copies of
the proceedings before
relevant papers filed in the circuit court, including the original papers a transcript of relevant hearings, if available,
and of the circuit court's order
respecting the injunction, and as well as a copy of the order
of the judge of the Court of
Appeals from of
which review is sought. The justice Supreme Court may then take such action thereon as he
considers is
appropriate under the circumstances of the case.
The right to an
expedited review of an order regarding an injunction granted to an aggrieved
party by this section is in addition to, and not in lieu of, any party's right to
pursue an appeal to the Supreme Court or the Court of Appeals.
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