HB 1485 Virginia House of Delegates · 2026 Regular Session

Court of Appeals of Virginia; maximum number of judges, summary disposition of certain civil cases.

Summary
Maximum number of judges on the Court of Appeals of Virginia; hearings en banc; summary disposition of certain civil cases. Increases from 17 to 21 the maximum number of authorized judges on the Court of Appeals of Virginia. The bill provides that the Supreme Court of Virginia shall prescribe by rule the number of judges needed for the Court of Appeals to sit en banc, and that such number shall not be fewer than 13 judges. Additionally, the bill permits the Court of Appeals to summarily affirm the decision below in certain civil cases.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House of Delegates Passage
Feb 2026
Senate Passage
Governor
Introduced Jan 23, 2026 Last action Mar 9, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

Courts of Justice Substitute Engrossed · 5 edits · Feb 10, 2026
MODERATE
The bill was converted from a Senate Substitute to an Engrossed version, incorporating House amendments that added a new section on court rules and summary dispositions. The most significant policy change allows the Court of Appeals to dismiss certain civil appeals without oral argument if the panel unanimously agrees the case lacks merit or relies on settled law. Additionally, the threshold for mandatory en banc hearings was adjusted to require seven judges instead of six, and the mechanism for selecting en banc panels was changed to allow the Supreme Court to set specific numbers via rule rather than a fixed count.
Scope change
The bill's scope expanded to include the promulgation of new rules of practice and procedure for the Court of Appeals, which was not part of the original Senate version.
SCOPE

Added a new section (17.1-403) authorizing the Supreme Court to establish rules for the Court of Appeals, including procedures for summary dismissal of appeals and truncated records.

REQUIREMENT

Changed the threshold for mandatory en banc hearings from six judges to seven judges to approve a hearing based on a panel dissent.

Removed the provision requiring a randomized rotational schedule for en banc panel selection, replacing it with language allowing the Supreme Court to prescribe the number of judges via rule.

Narrowed the criteria for dispensing with oral argument by removing the option to skip argument if the appellant does not argue for overturning case law.

TIMELINE

Removed the standalone clause setting the effective date to September 1, 2026, likely because the date is now contingent on a separate prior act.

Floor votes · House of Delegates Feb 10, 2026

How they voted

7214
Passed · 2 other
Total votes 88
Feb 10, 2026
D Democratic53
52 Yea 1
98% Yea
R Republican35
20 Yea 14 Nay 1
57% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
18
Key actions
5
Committee
6
Amendments
2
Feb 23, 2026
Upper · Passed
Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (9-Y 5-N)
upper
Feb 11, 2026
Committee
Referred to Committee for Courts of Justice
upper
Feb 10, 2026
Lower · Passed
Read third time and passed House (84-Y 14-N 0-A)
lower
Feb 9, 2026
Introduced
Engrossed by House as amended
lower
Feb 9, 2026
Lower · Passed
committee amendment agreed to
lower
Feb 4, 2026
Lower · Passed
Reported from Courts of Justice with amendment(s) (22-Y 0-N)
lower
Feb 2, 2026
Lower · Passed
Subcommittee recommends reporting with amendment(s) and referring to Appropriations (10-Y 0-N)
lower
Jan 30, 2026
Committee
Assigned HCJ sub: Criminal
lower
Jan 23, 2026
Committee
Referred to Committee for Courts of Justice
lower
Jan 23, 2026
Introduced
Presented and ordered printed 26105533D
lower
1 primary · 1 co-sponsor

Sponsors