Virginia § 16.1-131.1 - Procedure when constitutionality of a statute is challenged in a court not of record
Full text of Virginia Code of Virginia § 16.1-131.1 — Procedure when constitutionality of a statute is challenged in a court not of record, with citation guidance and answers to common questions.
§ 16.1-131.1. Procedure when constitutionality of a statute is challenged in a court not of record
In any criminal or traffic case in a court not of record, if the court rules that a statute or local ordinance is unconstitutional, it shall upon motion of the Commonwealth, or the locality if a local ordinance is the subject of the ruling, stay the proceedings and issue a written statement of its findings of law and relevant facts, if any, in support of its ruling and shall transmit the case, together with all papers, documents, and evidence connected therewith, to the circuit court for a determination of constitutionality. Either party may file a brief with the circuit court. Either party may request oral argument before the circuit court. The circuit court shall give the issue priority on its docket. If the circuit court rules that the statute or local ordinance is unconstitutional, the Commonwealth or the locality may appeal such interlocutory order to the Court of Appeals and thereafter to the Supreme Court; however, if the circuit court rules that the statute or local ordinance is constitutional, the circuit court shall remand the case to the court not of record for trial consistent with the ruling of the circuit court.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 16.1-131.1
What does Code of Virginia § 16.1-131.1 cover?
Section 16.1-131.1 ("Procedure when constitutionality of a statute is challenged in a court not of record") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 16.1-131.1?
A common citation format is "Code of Virginia § 16.1-131.1" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 16.1-131.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.