Code of Virginia
Chapter 3 - Supreme Court
§ 17.1-308. Court may sit and render final judgment en banc or in divisions; when decision becomes judgment of Court; majority must concur in declaring law unconstitutional; rehearings

The Supreme Court may sit and render final judgment en banc or in divisions, as may be prescribed by rules of the Court not inconsistent with the provisions of this section. No decision shall become the judgment of the Court, however, except on the concurrence of at least three justices, and no law shall be declared unconstitutional under either the Constitution of Virginia or the Constitution of the United States except on the concurrence of at least a majority of all justices of the Supreme Court. If the justices composing any division differ as to the judgment to be rendered in any cause or if any justice of such division, within a time and in a manner to be fixed by the rules of the Court, shall certify that in his opinion any decision of such division of the Court is in conflict with a prior decision of the Court, or of one of the divisions thereof, the case shall be reheard and decided by the Court sitting en banc.
Code 1919, § 5862, § 17-94; 1938, p. 133; 1971, Ex. Sess., c. 51; 1998, c. 872.

Structure Code of Virginia

Code of Virginia

Title 17.1 - Courts of Record

Chapter 3 - Supreme Court

§ 17.1-300. Composition of Court; quorum; Chief Justice

§ 17.1-301. Presiding justice when Chief Justice absent

§ 17.1-302. Senior justice

§ 17.1-303. Election of successor justice before date of vacancy

§ 17.1-304. Terms and sessions, state of emergency

§ 17.1-305. Special sessions

§ 17.1-306. What may be tried at special session; effect of decisions

§ 17.1-307. Information and recommendations as to other courts

§ 17.1-308. Court may sit and render final judgment en banc or in divisions; when decision becomes judgment of Court; majority must concur in declaring law unconstitutional; rehearings

§ 17.1-309. Jurisdiction of writs of mandamus and prohibition

§ 17.1-310. Habeas corpus, appeals, writs of error and supersedeas

§ 17.1-311. Where prohibition and mandamus issued and tried

§ 17.1-312. Where criminal jurisdiction exercised

§ 17.1-313. Repealed

§ 17.1-314. Executive Secretary

§ 17.1-315. Duties of Executive Secretary

§ 17.1-316. Printing and binding reports of Supreme Court

§ 17.1-317. Printing and distribution of advance sheets of such reports

§ 17.1-318. Repealed

§ 17.1-319. Custody and distribution of reports of Supreme Court; Court of Appeals

§ 17.1-320. Furnishing reports to law libraries destroyed by fire

§ 17.1-321. Reporter of Court; his appointment and salary

§ 17.1-322. Duties

§ 17.1-323. Clerk to deliver opinions to Reporter

§ 17.1-324. Justices of Supreme Court

§ 17.1-325. Clerk and deputy clerks of Supreme Court

§ 17.1-326. Reporter of Supreme Court

§ 17.1-327. Payment for services of retired judges; members of the State Corporation Commission and Virginia Workers' Compensation Commission

§ 17.1-328. Fees charged and collected by Clerk of Supreme Court

§ 17.1-329. Disposition of fees of Clerk of Supreme Court

§ 17.1-330. Declaration of judicial emergency

§ 17.1-331. Notice