Rule 1:1C.Jurisdictional Transfer During Appeal of Interlocutory Orders.

Rule 1:1C is the interlocutory-order companion to Rule 1:1B, which covers appeals from final and partial final judgments. It applies when a party seeks an appeal from an interlocutory order under one of the provisions it names: Code §§ 8.01-626, 8.01-670.2 and 8.01-670.3, and Code § 17.1-405(A)(4) and (A)(5).

Once that appeal is sought, jurisdiction splits. The appellate court has exclusive jurisdiction over the interlocutory order on appeal. The circuit court keeps jurisdiction over every part of the case that has not been appealed, so the rest of the litigation can move forward. That default holds unless the circuit court or the appellate court enters an order staying the circuit court proceedings.

Because the appellate court’s hold on the order is exclusive, the rule supplies a way back to the trial judge. On a party’s motion, and for good cause shown, the appellate court may permit the circuit court to withdraw or modify the order.

An earlier version of the rule treated a petition for review under Code § 8.01-626 differently from other interlocutory appeals, leaving the circuit court with concurrent jurisdiction over the whole case in the others. The current text applies one division to every appeal it lists.