(a) When a petition for review is filed pursuant to Code § 8.01-626, the appellate court has exclusive jurisdiction over the appealable interlocutory order and the circuit court retains jurisdiction over any part of the case that has not been appealed, unless the circuit court or the appellate court enters an order staying the proceedings in the circuit court.
Rule 1:1C.Jurisdictional Transfer During Appeal of Interlocutory Orders.
Part One: General Rules Applicable to All Proceedings · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 1:1C divides jurisdiction between the circuit court and the appellate court when a party appeals an interlocutory order, giving the appellate court exclusive authority over a petition for review under Code § 8.01-626 and letting the circuit court keep jurisdiction over the rest of the case unless a stay is entered.
Full Text of Rule 1:1C
(b) In any other appeal of an interlocutory order, the circuit court retains concurrent jurisdiction over the case unless the circuit court or the appellate court enters an order staying all or part of the proceedings in the circuit court.
Plain-English Summary
Rule 1:1C is a short companion to Rule 1:1B, and it covers interlocutory orders rather than final judgments. When a party files a petition for review of an interlocutory order under Code § 8.01-626, the appellate court gets exclusive jurisdiction over that order, while the circuit court keeps jurisdiction over every other part of the case that has not been appealed — unless either court stays the circuit court proceedings.
For any other kind of interlocutory appeal, the default runs the other way: the circuit court keeps concurrent jurisdiction over the whole case, and it stays that way unless the circuit court or the appellate court enters an order staying all or part of the circuit court proceedings.
Frequently Asked Questions
Does appealing an interlocutory order stop the circuit court case?
Not automatically. Under Rule 1:1C, the circuit court retains jurisdiction over the parts of the case that have not been appealed, unless the circuit court or the appellate court enters a stay.
Who has jurisdiction over a petition for review filed under Code § 8.01-626?
The appellate court has exclusive jurisdiction over the appealable interlocutory order itself, while the circuit court keeps jurisdiction over the rest of the case that was not appealed.
How does Rule 1:1C differ from Rule 1:1B?
Rule 1:1B governs jurisdiction after an appeal of a final or partial final judgment; Rule 1:1C governs jurisdiction after an appeal of an interlocutory order, a different and narrower category of ruling.
Can a circuit court keep working on a case while an interlocutory appeal is pending?
Yes, as the default rule. Whether the appeal is a petition for review under Code § 8.01-626 or another type of interlocutory appeal, the circuit court retains jurisdiction over the unappealed portions of the case unless a stay is entered.
What stops the circuit court from proceeding during an interlocutory appeal?
Only an order staying the proceedings — entered by either the circuit court or the appellate court — takes that jurisdiction away.
Amendment History
Promulgated by Order dated July 2, 2019; effective September 1, 2019. Last amended by Order dated November 23, 2020; effective March 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as: interlocutory appeal jurisdiction VirginiaRule 1:1C Virginiapetition for review Code 8.01-626stay pending interlocutory appeal Virginiacircuit court jurisdiction interlocutory order