Whenever a court having jurisdiction refuses to suspend proceedings as provided in § 8.01-650 of this chapter, a copy of the proceedings in court, with any orders entered in the proceedings, may be presented to a judge of the Court of Appeals, if an application for a writ of prohibition is pending in that court, or to a justice of the Supreme Court if the application for a writ is pending there. Such judge or justice may thereupon award a suspension of the proceedings sought to be prohibited until the final decision of the cause.
§ 8.01-651.Suspension of proceedings by justice of Supreme Court or judge of Court of Appeals.
Chapter 25. Extraordinary Writs · Article 2. Mandamus and Prohibition · Last amended 1984 · Last verified July 16, 2026
In one sentenceSection 8.01-651 lets a party whose trial court refused to suspend proceedings under § 8.01-650 present the record to a single judge of the Court of Appeals or justice of the Supreme Court, whichever court the prohibition application is pending in, who may then award the suspension the lower court denied.
Full Text of § 8.01-651
Plain-English Summary
This section supplies a backstop when the court with jurisdiction says no to a suspension request. If that court refuses to suspend proceedings under § 8.01-650, a copy of the proceedings — along with any orders entered in them — can be presented to a judge of the Court of Appeals, if the prohibition application is pending there, or to a justice of the Supreme Court, if it is pending there instead.
That individual judge or justice can then award the suspension the trial court declined to grant, running until the final decision of the cause, the same duration standard used in § 8.01-650 itself.
The value of this mechanism is speed: rather than requiring a full panel or waiting on ordinary appellate process, it gives the petitioner access to a single appellate decision-maker, useful when the proceeding at issue is moving fast enough that delay would defeat the point of seeking prohibition in the first place.
Frequently Asked Questions
What must happen before this section’s remedy becomes available?
The court with jurisdiction must have refused to suspend the proceedings under § 8.01-650.
Who can be approached after that refusal?
A judge of the Court of Appeals, if the prohibition application is pending there, or a justice of the Supreme Court, if it is pending there.
What must be presented to that judge or justice?
A copy of the proceedings in court, with any orders entered in the proceedings.
What relief can the judge or justice grant?
A suspension of the proceedings sought to be prohibited, until the final decision of the cause.
Does this section create a new writ, or extend an existing remedy?
It extends the suspension remedy of § 8.01-650 to a single appellate judge or justice after the lower court has refused it.
Amendment History
Code 1950, § 8-711.1; 1972, c. 673; 1977, c. 617; 1984, c. 703.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: virginia court of appeals judge suspend proceedings prohibitionvirginia supreme court justice prohibition suspension8.01-651 explainedappeal refusal to suspend proceedings virginia prohibition