The Court of Appeals sits in panels of at least three judges. Each panel independently hears and determines petitions for appeal and
appeals granted in criminal and other cases assigned to the panel.
The Chief Judge designates where the Court of Appeals will sit in order to provide convenient access to the citizens of the various geographic areas of the state. The Court normally sits in four locations: Alexandria, Chesapeake, Richmond and Salem.
The Chief Judge assigns judges to panels and rotates the composition of the panels.
The Court of Appeals sits en banc (as a whole) in the following circumstances:
• When there is a dissent in a panel to which a case was originally assigned and an aggrieved party requests an en banc hearing and at least four judges of the Court vote in favor of such a hearing. • If a judge of a panel certifies that a decision of that panel conflicts with a previous decision of the Court or of any panel and three other judges agree. • In any case in which a majority of the Court, upon its own motion, determines it is appropriate to sit en banc. |
Under these conditions, the Court of Appeals convenes en banc and reconsiders the case. The court sitting en banc may overrule any previous decision of a panel or the full Court.
When the Court of Appeals sits en banc, at least eight judges must be present.