A. The Court of Appeals, in its discretion, may permit an appeal to be taken from an order of a circuit court although the order is not a final order where the circuit court has ordered a consolidated trial of claims joined or consolidated pursuant to this chapter.
§ 8.01-267.8.Interlocutory appeal.
Chapter 5.1. Multiple Claimant Litigation Act · Last amended 2021 · Last verified July 16, 2026
In one sentenceSection 8.01-267.8 lets the Court of Appeals, in its discretion, hear an interlocutory appeal from a circuit court order directing a consolidated trial under the Multiple Claimant Litigation Act, or from any other order in a combined action the circuit court certifies as involving a controlling legal question, if applied for within ten days.
Full Text of § 8.01-267.8
B. The Court of Appeals, in its discretion, may permit an appeal to be taken from any other order of a circuit court in an action combined pursuant to this chapter although the order is not a final order provided the written order of the
circuit court states that the order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation.
C. Application for an appeal pursuant to this section shall be made within 10 days after the entry of the order and shall not stay proceedings in the circuit court unless the circuit court or the appellate court shall so order.
Plain-English Summary
Ordinarily, a party has to wait for a final judgment before appealing. Section 8.01-267.8 creates two exceptions for cases combined under the Multiple Claimant Litigation Act. Subsection A lets the Court of Appeals, at its discretion, permit an appeal from a circuit court order directing a consolidated trial of claims joined or consolidated under the chapter, even though the order is not final.
Subsection B reaches further, but with more conditions attached: the Court of Appeals may also permit an appeal from any other nonfinal order in a combined action, provided the circuit court’s written order certifies that the order involves a controlling question of law with substantial ground for disagreement, and that an immediate appeal might materially advance the litigation’s ultimate resolution. Subsection C sets the clock — an application for either kind of appeal must be made within ten days after the order’s entry, and filing the application does not automatically stay the circuit court proceedings unless either court so orders.
Frequently Asked Questions
Can a party appeal a consolidation order before final judgment under the Multiple Claimant Litigation Act?
Yes, at the Court of Appeals’ discretion, when the circuit court has ordered a consolidated trial of claims joined or consolidated pursuant to the chapter.
What must a circuit court’s order say to allow interlocutory appeal of other rulings in combined litigation?
It must state that the order involves a controlling question of law with substantial ground for difference of opinion and that an immediate appeal may materially advance the litigation’s ultimate termination.
How long does a party have to apply for an interlocutory appeal under this section?
Ten days after entry of the order.
Does applying for an interlocutory appeal automatically stop the circuit court proceedings?
No. The application does not stay proceedings in the circuit court unless the circuit court or the appellate court so orders.
Which court decides whether to permit an interlocutory appeal under § 8.01-267.8?
The Court of Appeals, acting in its discretion.
Amendment History
1995, c. 555; 2021, Sp. Sess. I, c. 489.
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 mcla interlocutory appeal8.01-267.8 explainedappealing a consolidation order in virginiavirginia court of appeals nonfinal order mass tortcontrolling question of law virginia interlocutory appeal