2006 Code of Virginia § 17.1-402 - Sessions; panels; quorum; presiding judges; hearings en banc

17.1-402. Sessions; panels; quorum; presiding judges; hearings en banc.

A. The Court of Appeals shall sit at such locations within the Commonwealthas the chief judge, upon consultation with the other judges of the court,shall designate so as to provide, insofar as feasible, convenient access tothe various geographic areas of the Commonwealth. The chief judge shallschedule sessions of the court as required to discharge expeditiously thebusiness of the court.

B. The Court of Appeals shall sit in panels of at least three judges each.The presence of all judges in the panel shall be necessary to constitute aquorum. The chief judge shall assign the members to panels and, insofar aspracticable, rotate the membership of the panels. The chief judge shallpreside over any panel of which he is a member and shall designate thepresiding judges of the other panels.

C. Each panel shall hear and determine, independently of the others, thepetitions for appeal and appeals granted in criminal cases and the othercases assigned to that panel.

D. The Court of Appeals shall sit en banc (i) when there is a dissent in thepanel to which the case was originally assigned and an aggrieved partyrequests an en banc hearing and at least three other judges of the court votein favor of such a hearing or (ii) when any judge of any panel shall certifythat in his opinion a decision of such panel of the court is in conflict witha prior decision of the court or of any panel thereof and three other judgesof the court concur in that view. The court may sit en banc upon its ownmotion at any time, in any case in which a majority of the court determinesit is appropriate to do so. The court sitting en banc shall consider anddecide the case and may overrule any previous decision by any panel or of thefull court.

E. The court may sit en banc with no fewer than eight judges. In all casesdecided by the court en banc, the concurrence of at least a majority of thejudges sitting shall be required to reverse a judgment, in whole or in part.

(1983, c. 413, 17-116.02; 1984, c. 701; 1988, cc. 71, 478; 1998, c. 872;2000, c. 8; 2001, c. 555.)