{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-106.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-106.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-106.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-106.1.html"}],"law_id":77862,"edition_id":1,"section_id":77862,"structure_id":13176,"section_number":"16.1-106.1","catch_line":"Withdrawal of appeal in civil cases","history":"2008, c. 706.","full_text":"A\n\nA party who has appealed a final judgment or order rendered by a general district court or a juvenile and domestic relations district court in a civil case may seek to withdraw that appeal at any time.1\n\nIf the appeal has not been perfected by posting a required appeal bond or paying required costs, or within 10 days after entry of the judgment or order when no appeal bond or costs are required to perfect the appeal, the appeal may be withdrawn by filing in the district court that entered the judgment or order and serving, in person or by first-class mail, on all parties or their counsel a written notice of intent to withdraw the appeal. When the appeal is withdrawn in the district court, the judgment or order of the district court shall have the same effect as if no appeal had been noted.2\n\nAfter the appeal is perfected by posting a required appeal bond or paying required costs, or after 10 days have elapsed since the entry of the judgment or order when no appeal bond or costs are required to perfect the appeal, an appealing party may request that the appeal be withdrawn by filing in the circuit court and serving, in person or by first-class mail, on all parties or their counsel a written notice of intent to withdraw the appeal.B\n\nUpon receipt of a notice of intent to withdraw an appeal filed in the circuit court, any party to the appeal, or the circuit court on its own motion, may give notice of a hearing, which shall be scheduled no later than the date set by the circuit court for trial of the appeal. Unless the hearing is scheduled at the time previously set for trial of the appeal, notice of the hearing shall be given, in person or by first-class mail, to all parties or their counsel, any non-party who has posted an appeal bond, and, when appropriate, the Department of Social Services, Division of Child Support Enforcement.C\n\nAt the hearing, the circuit court shall determine whether any party objects to the proposed withdrawal. A party may object to the withdrawal of an appeal by filing in the circuit court and serving, in person or by first-class mail, on all parties or their counsel a written notice of objection to withdrawal of the appeal. If such a written objection is filed and served within a reasonable period after service of the notice of intent to withdraw the appeal, upon a showing of good cause by the party objecting to the withdrawal of the appeal, the circuit court may decline to permit the withdrawal of the appeal. If no such written objection is timely filed, the appeal shall be deemed to be withdrawn and, subject to subsections E and F, the circuit court shall enter an order disposing of the case in accordance with the judgment or order entered in the district court.D\n\nIf a party who has appealed a judgment or order of a district court fails to appear in circuit court either at the time for setting the appeal for trial or on the trial date, the circuit court may, upon the motion of any party, enter an order treating the appeal as withdrawn and disposing of the case in accordance with this section. If no party appears for trial, the court may deem the appeal to be withdrawn without a motion and enter an order disposing of the case in accordance with this section.E\n\nUpon the withdrawal of an appeal from a general district court, the circuit court shall, upon request of a party who did not appeal the judgment or order, determine whether, as a result of the appeal, a party has a right to additional relief in the circuit court which has accrued since the appeal was noted, including but not limited to attorneys’ fees provided for by contract or statute. Subject to any rights of a surety pursuant to \u00a7 16.1-110, the circuit court shall also order its clerk to disburse any cash bond posted to perfect the appeal as follows:1\n\nFirst, to the clerk of the court to cover taxable costs in the circuit court as provided by statute;2\n\nSecond, to the prevailing party in an amount sufficient to satisfy any judgment or order entered in the general district court and any additional relief granted by the circuit court; and3\n\nThird, the balance, if any, to the person who posted the bond in the general district court.\n\t\t\t\tIn addition, the circuit court shall enter such order as may be appropriate to conclude all matters arising out of the appeal from the general district court.F\n\nUpon the withdrawal of an appeal from a juvenile and domestic relations district court, the circuit court shall, upon request of a party who did not appeal the judgment or order, determine whether, as a result of the appeal, a party has a right to additional relief in the circuit court which has accrued since the appeal was noted, including but not limited to attorneys’ fees provided for by contract or statute. Subject to any rights of a surety pursuant to \u00a7 16.1-110, the circuit court shall also order its clerk to disburse any cash bond posted to perfect the appeal as follows:1\n\nFirst, to the clerk of the court to cover taxable costs in the circuit court as provided by statute;2\n\nSecond, to the prevailing party in an amount sufficient to satisfy any judgment or order entered in the juvenile and domestic relations district court and any additional relief granted by the circuit court; and3\n\nThird, the balance, if any, to the person who posted the bond in the juvenile and domestic relations district court.\n\t\t\t\tIn addition, the circuit court shall enter such order as may be appropriate to conclude all matters arising out of the petition or motion filed in the juvenile and domestic relations district court and the appeal in circuit court, consistent with the judgment or order entered in the juvenile and domestic relations district court, as modified by the grant of any additional relief by the circuit court pursuant to this subsection. Unless the circuit court orders that the case remain in the circuit court, the case shall be remanded to the juvenile and domestic relations district court for purposes of enforcement and future modification and shall be subject to all the requirements of § 16.1-297.","order_by":null,"text":{"0":{"id":279222,"text":"A party who has appealed a final judgment or order rendered by a general district court or a juvenile and domestic relations district court in a civil case may seek to withdraw that appeal at any time.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":279223,"text":"If the appeal has not been perfected by posting a required appeal bond or paying required costs, or within 10 days after entry of the judgment or order when no appeal bond or costs are required to perfect the appeal, the appeal may be withdrawn by filing in the district court that entered the judgment or order and serving, in person or by first-class mail, on all parties or their counsel a written notice of intent to withdraw the appeal. When the appeal is withdrawn in the district court, the judgment or order of the district court shall have the same effect as if no appeal had been noted.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":279224,"text":"After the appeal is perfected by posting a required appeal bond or paying required costs, or after 10 days have elapsed since the entry of the judgment or order when no appeal bond or costs are required to perfect the appeal, an appealing party may request that the appeal be withdrawn by filing in the circuit court and serving, in person or by first-class mail, on all parties or their counsel a written notice of intent to withdraw the appeal.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":279225,"text":"Upon receipt of a notice of intent to withdraw an appeal filed in the circuit court, any party to the appeal, or the circuit court on its own motion, may give notice of a hearing, which shall be scheduled no later than the date set by the circuit court for trial of the appeal. Unless the hearing is scheduled at the time previously set for trial of the appeal, notice of the hearing shall be given, in person or by first-class mail, to all parties or their counsel, any non-party who has posted an appeal bond, and, when appropriate, the Department of Social Services, Division of Child Support Enforcement.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":279226,"text":"At the hearing, the circuit court shall determine whether any party objects to the proposed withdrawal. A party may object to the withdrawal of an appeal by filing in the circuit court and serving, in person or by first-class mail, on all parties or their counsel a written notice of objection to withdrawal of the appeal. If such a written objection is filed and served within a reasonable period after service of the notice of intent to withdraw the appeal, upon a showing of good cause by the party objecting to the withdrawal of the appeal, the circuit court may decline to permit the withdrawal of the appeal. If no such written objection is timely filed, the appeal shall be deemed to be withdrawn and, subject to subsections E and F, the circuit court shall enter an order disposing of the case in accordance with the judgment or order entered in the district court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":279227,"text":"If a party who has appealed a judgment or order of a district court fails to appear in circuit court either at the time for setting the appeal for trial or on the trial date, the circuit court may, upon the motion of any party, enter an order treating the appeal as withdrawn and disposing of the case in accordance with this section. If no party appears for trial, the court may deem the appeal to be withdrawn without a motion and enter an order disposing of the case in accordance with this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":279228,"text":"Upon the withdrawal of an appeal from a general district court, the circuit court shall, upon request of a party who did not appeal the judgment or order, determine whether, as a result of the appeal, a party has a right to additional relief in the circuit court which has accrued since the appeal was noted, including but not limited to attorneys’ fees provided for by contract or statute. Subject to any rights of a surety pursuant to \u00a7 16.1-110, the circuit court shall also order its clerk to disburse any cash bond posted to perfect the appeal as follows:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"7":{"id":279229,"text":"First, to the clerk of the court to cover taxable costs in the circuit court as provided by statute;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"8":{"id":279230,"text":"Second, to the prevailing party in an amount sufficient to satisfy any judgment or order entered in the general district court and any additional relief granted by the circuit court; and","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"9":{"id":279231,"text":"Third, the balance, if any, to the person who posted the bond in the general district court.\n\t\t\t\tIn addition, the circuit court shall enter such order as may be appropriate to conclude all matters arising out of the appeal from the general district court.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"F"},"10":{"id":279232,"text":"Upon the withdrawal of an appeal from a juvenile and domestic relations district court, the circuit court shall, upon request of a party who did not appeal the judgment or order, determine whether, as a result of the appeal, a party has a right to additional relief in the circuit court which has accrued since the appeal was noted, including but not limited to attorneys’ fees provided for by contract or statute. Subject to any rights of a surety pursuant to \u00a7 16.1-110, the circuit court shall also order its clerk to disburse any cash bond posted to perfect the appeal as follows:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E3","next_prefix":"F1"},"11":{"id":279233,"text":"First, to the clerk of the court to cover taxable costs in the circuit court as provided by statute;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"12":{"id":279234,"text":"Second, to the prevailing party in an amount sufficient to satisfy any judgment or order entered in the juvenile and domestic relations district court and any additional relief granted by the circuit court; and","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"13":{"id":279235,"text":"Third, the balance, if any, to the person who posted the bond in the juvenile and domestic relations district court.\n\t\t\t\tIn addition, the circuit court shall enter such order as may be appropriate to conclude all matters arising out of the petition or motion filed in the juvenile and domestic relations district court and the appeal in circuit court, consistent with the judgment or order entered in the juvenile and domestic relations district court, as modified by the grant of any additional relief by the circuit court pursuant to this subsection. Unless the circuit court orders that the case remain in the circuit court, the case shall be remanded to the juvenile and domestic relations district court for purposes of enforcement and future modification and shall be subject to all the requirements of § 16.1-297.","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2"}},"ancestry":[{"id":13176,"edition_id":1,"name":"Procedure in Civil Cases","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13175,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162399,"object_type":"structure","relational_id":13176,"identifier":"3","token":"16.1\/6\/3","url":"\/16.1\/6\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13175,"edition_id":1,"name":"Venue, Jurisdiction and Procedure in Civil Matters","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162373,"object_type":"structure","relational_id":13175,"identifier":"6","token":"16.1\/6","url":"\/16.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73499,"structure_id":13176,"section_number":"16.1-100","catch_line":"Additional executions; by whom issued","url":"\/16.1-100\/","token":"16.1\/6\/3\/16.1-100","metadata":false},{"id":86974,"structure_id":13176,"section_number":"16.1-101","catch_line":"Proceedings against officer failing to make or making improper return","url":"\/16.1-101\/","token":"16.1\/6\/3\/16.1-101","metadata":false},{"id":86518,"structure_id":13176,"section_number":"16.1-102","catch_line":"Officers and sureties liable for money collected after return day","url":"\/16.1-102\/","token":"16.1\/6\/3\/16.1-102","metadata":false},{"id":78448,"structure_id":13176,"section_number":"16.1-103","catch_line":"Proceedings by interrogatories","url":"\/16.1-103\/","token":"16.1\/6\/3\/16.1-103","metadata":false},{"id":54194,"structure_id":13176,"section_number":"16.1-104","catch_line":"Repealed","url":"\/16.1-104\/","token":"16.1\/6\/3\/16.1-104","metadata":false},{"id":86498,"structure_id":13176,"section_number":"16.1-105","catch_line":"Attachments","url":"\/16.1-105\/","token":"16.1\/6\/3\/16.1-105","metadata":false},{"id":79702,"structure_id":13176,"section_number":"16.1-106","catch_line":"Appeals from courts not of record in civil cases","url":"\/16.1-106\/","token":"16.1\/6\/3\/16.1-106","metadata":false},{"id":77862,"structure_id":13176,"section_number":"16.1-106.1","catch_line":"Withdrawal of appeal in civil cases","url":"\/16.1-106.1\/","token":"16.1\/6\/3\/16.1-106.1","metadata":false},{"id":55864,"structure_id":13176,"section_number":"16.1-107","catch_line":"Requirements for appeal","url":"\/16.1-107\/","token":"16.1\/6\/3\/16.1-107","metadata":false},{"id":67526,"structure_id":13176,"section_number":"16.1-108","catch_line":"Deposit of money in lieu of bond","url":"\/16.1-108\/","token":"16.1\/6\/3\/16.1-108","metadata":false},{"id":58518,"structure_id":13176,"section_number":"16.1-109","catch_line":"Appellate court may require new or additional security","url":"\/16.1-109\/","token":"16.1\/6\/3\/16.1-109","metadata":false},{"id":71245,"structure_id":13176,"section_number":"16.1-110","catch_line":"Bankruptcy of appellant does not release surety","url":"\/16.1-110\/","token":"16.1\/6\/3\/16.1-110","metadata":false},{"id":78313,"structure_id":13176,"section_number":"16.1-111","catch_line":"Court to which appeal sent","url":"\/16.1-111\/","token":"16.1\/6\/3\/16.1-111","metadata":false},{"id":79859,"structure_id":13176,"section_number":"16.1-112","catch_line":"All papers transmitted to appellate court; 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formal orders may be entered","url":"\/16.1-94\/","token":"16.1\/6\/3\/16.1-94","metadata":false},{"id":77917,"structure_id":13176,"section_number":"16.1-94.01","catch_line":"When and how satisfaction entered on judgment","url":"\/16.1-94.01\/","token":"16.1\/6\/3\/16.1-94.01","metadata":false},{"id":86540,"structure_id":13176,"section_number":"16.1-94.1","catch_line":"Limitations on enforcement of district court judgments","url":"\/16.1-94.1\/","token":"16.1\/6\/3\/16.1-94.1","metadata":false},{"id":74159,"structure_id":13176,"section_number":"16.1-95","catch_line":"Abstract of judgment","url":"\/16.1-95\/","token":"16.1\/6\/3\/16.1-95","metadata":false},{"id":66824,"structure_id":13176,"section_number":"16.1-96","catch_line":"What abstract to contain","url":"\/16.1-96\/","token":"16.1\/6\/3\/16.1-96","metadata":false},{"id":61732,"structure_id":13176,"section_number":"16.1-97","catch_line":"Repealed","url":"\/16.1-97\/","token":"16.1\/6\/3\/16.1-97","metadata":false},{"id":86972,"structure_id":13176,"section_number":"16.1-97.1","catch_line":"When a new trial is granted","url":"\/16.1-97.1\/","token":"16.1\/6\/3\/16.1-97.1","metadata":false},{"id":81712,"structure_id":13176,"section_number":"16.1-98","catch_line":"Fieri facias or writ of possession on judgment","url":"\/16.1-98\/","token":"16.1\/6\/3\/16.1-98","metadata":false},{"id":64144,"structure_id":13176,"section_number":"16.1-99","catch_line":"When and where executions returnable; to whom directed","url":"\/16.1-99\/","token":"16.1\/6\/3\/16.1-99","metadata":false}],"previous_section":{"id":79702,"structure_id":13176,"section_number":"16.1-106","catch_line":"Appeals from courts not of record in civil cases","url":"\/16.1-106\/","token":"16.1\/6\/3\/16.1-106","metadata":false},"next_section":{"id":55864,"structure_id":13176,"section_number":"16.1-107","catch_line":"Requirements for appeal","url":"\/16.1-107\/","token":"16.1\/6\/3\/16.1-107","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-106.1\/","history_text":"

This law was first created in 2008. The record of its establishment is cataloged in chapter 706<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":54404,"section_number":"16.1-298","catch_line":"Effect of petition for or pendency of appeal; bail","order_by":null,"url":"\/16.1-298\/"}],"refers_to":[{"id":71245,"section_number":"16.1-110","catch_line":"Bankruptcy of appellant does not release surety","order_by":null,"url":"\/16.1-110\/"},{"id":85924,"section_number":"16.1-297","catch_line":"Final judgment; copy filed with juvenile court; proceeding may be remanded to juvenile court","order_by":null,"url":"\/16.1-297\/"}],"permalink":{"id":162429,"object_type":"law","relational_id":77862,"identifier":"16.1-106.1","token":"16.1\/6\/3\/16.1-106.1","url":"\/16.1-106.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-106.1\/","token":"16.1\/6\/3\/16.1-106.1","dublin_core":{"Title":"Withdrawal of appeal in civil cases","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-106.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A party<\/span> who has appealed a final judgment<\/span> or order<\/span> rendered by a general district court<\/span> or a juvenile and domestic relations district court<\/span> in a civil case may seek to withdraw that appeal<\/span> at any time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the appeal<\/span> has not been perfected by posting a required appeal<\/span> bond<\/span> or paying required costs, or within 10 days after entry of the judgment<\/span> or order<\/span> when no appeal<\/span> bond<\/span> or costs are required to perfect the appeal<\/span>, the appeal<\/span> may be withdrawn by filing in the district court<\/span> that entered the judgment<\/span> or order<\/span> and serving, in person or by first-class mail, on all parties or their counsel<\/span> a written notice of intent<\/span> to withdraw the appeal<\/span>. When the appeal<\/span> is withdrawn in the district court<\/span>, the judgment<\/span> or order<\/span> of the district court<\/span> shall have the same effect as if no appeal<\/span> had been noted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> After the appeal<\/span> is perfected by posting a required appeal<\/span> bond<\/span> or paying required costs, or after 10 days have elapsed since the entry of the judgment<\/span> or order<\/span> when no appeal<\/span> bond<\/span> or costs are required to perfect the appeal<\/span>, an appealing party<\/span> may request that the appeal<\/span> be withdrawn by filing in the circuit<\/span> court<\/span> and serving, in person or by first-class mail, on all parties or their counsel<\/span> a written notice of intent<\/span> to withdraw the appeal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon receipt of a notice of intent<\/span> to withdraw an appeal<\/span> filed in the circuit<\/span> court<\/span>, any party<\/span> to the appeal<\/span>, or the circuit<\/span> court<\/span> on its own motion<\/span>, may give notice of a hearing<\/span>, which shall be scheduled no later than the date set by the circuit<\/span> court<\/span> for trial<\/span> of the appeal<\/span>. Unless the hearing<\/span> is scheduled at the time previously set for trial<\/span> of the appeal<\/span>, notice of the hearing<\/span> shall be given, in person or by first-class mail, to all parties or their counsel<\/span>, any non-party<\/span> who has posted an appeal<\/span> bond<\/span>, and, when appropriate, the Department of Social Services, Division of Child Support Enforcement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> At the hearing<\/span>, the circuit<\/span> court<\/span> shall determine whether any party<\/span> objects<\/span> to the proposed withdrawal. A party<\/span> may object<\/span> to the withdrawal of an appeal<\/span> by filing in the circuit<\/span> court<\/span> and serving, in person or by first-class mail, on all parties or their counsel<\/span> a written notice of objection to withdrawal of the appeal<\/span>. If such a written objection is filed and served within a reasonable period after service of the notice of intent<\/span> to withdraw the appeal<\/span>, upon a showing of good cause by the party<\/span> objecting to the withdrawal of the appeal<\/span>, the circuit<\/span> court<\/span> may decline to permit the withdrawal of the appeal<\/span>. If no such written objection is timely filed, the appeal<\/span> shall be deemed to be withdrawn and, subject to subsections E and F, the circuit<\/span> court<\/span> shall enter an order<\/span> disposing of the case in accordance with the judgment<\/span> or order<\/span> entered in the district court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a party<\/span> who has appealed a judgment<\/span> or order<\/span> of a district court<\/span> fails to appear in circuit<\/span> court<\/span> either at the time for setting the appeal<\/span> for trial<\/span> or on the trial<\/span> date, the circuit<\/span> court<\/span> may, upon the motion<\/span> of any party<\/span>, enter an order<\/span> treating the appeal<\/span> as withdrawn and disposing of the case in accordance with this section. If no party<\/span> appears for trial<\/span>, the court<\/span> may deem the appeal<\/span> to be withdrawn without a motion<\/span> and enter an order<\/span> disposing of the case in accordance with this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon the withdrawal of an appeal<\/span> from a general district court<\/span>, the circuit<\/span> court<\/span> shall, upon request of a party<\/span> who did not appeal<\/span> the judgment<\/span> or order<\/span>, determine whether, as a result of the appeal<\/span>, a party<\/span> has a right to additional relief in the circuit<\/span> court<\/span> which has accrued since the appeal<\/span> was noted, including but not limited to attorneys’ fees provided for by contract<\/span> or statute<\/span>. Subject to any rights of a surety<\/span> pursuant to \u00a7 16.1-110<\/a>, the circuit<\/span> court<\/span> shall also order<\/span> its clerk to disburse any cash bond<\/span> posted to perfect the appeal<\/span> as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> First, to the clerk of the court<\/span> to cover taxable costs in the circuit<\/span> court<\/span> as provided by statute<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Second, to the prevailing party<\/span> in an amount sufficient to satisfy any judgment<\/span> or order<\/span> entered in the general district court<\/span> and any additional relief granted by the circuit<\/span> court<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Third, the balance, if any, to the person who posted the bond<\/span> in the general district court<\/span>.\n\t\t\t\tIn addition, the circuit<\/span> court<\/span> shall enter such order<\/span> as may be appropriate to conclude all matters arising out of the appeal<\/span> from the general district court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Upon the withdrawal of an appeal<\/span> from a juvenile and domestic relations district court<\/span>, the circuit<\/span> court<\/span> shall, upon request of a party<\/span> who did not appeal<\/span> the judgment<\/span> or order<\/span>, determine whether, as a result of the appeal<\/span>, a party<\/span> has a right to additional relief in the circuit<\/span> court<\/span> which has accrued since the appeal<\/span> was noted, including but not limited to attorneys’ fees provided for by contract<\/span> or statute<\/span>. Subject to any rights of a surety<\/span> pursuant to \u00a7 16.1-110<\/a>, the circuit<\/span> court<\/span> shall also order<\/span> its clerk to disburse any cash bond<\/span> posted to perfect the appeal<\/span> as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> First, to the clerk of the court<\/span> to cover taxable costs in the circuit<\/span> court<\/span> as provided by statute<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Second, to the prevailing party<\/span> in an amount sufficient to satisfy any judgment<\/span> or order<\/span> entered in the juvenile and domestic relations district court<\/span> and any additional relief granted by the circuit<\/span> court<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Third, the balance, if any, to the person who posted the bond<\/span> in the juvenile and domestic relations district court.\n\t\t\t\tIn addition, the circuit<\/span> court shall enter such order<\/span> as may be appropriate to conclude all matters arising out of the petition<\/span> or motion<\/span> filed in the juvenile and domestic relations district court and the appeal<\/span> in circuit<\/span> court, consistent with the judgment<\/span> or order<\/span> entered in the juvenile and domestic relations district court, as modified by the grant of any additional relief by the circuit<\/span> court pursuant to this subsection. Unless the circuit<\/span> court orders<\/span> that the case remain in the circuit<\/span> court, the case shall be remanded to the juvenile and domestic relations district court for purposes of enforcement and future modification and shall be subject to all the requirements of § 16.1-297<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWITHDRAWAL OF APPEAL IN CIVIL CASES (\u00a7 16.1-106.1)\n\nA. A party who has appealed a final judgment or order rendered by a general\ndistrict court or a juvenile and domestic relations district court in a civil\ncase may seek to withdraw that appeal at any time.\n\n 1. If the appeal has not been perfected by posting a required appeal bond or\n paying required costs, or within 10 days after entry of the judgment or order\n when no appeal bond or costs are required to perfect the appeal, the appeal\n may be withdrawn by filing in the district court that entered the judgment or\n order and serving, in person or by first-class mail, on all parties or their\n counsel a written notice of intent to withdraw the appeal. When the appeal is\n withdrawn in the district court, the judgment or order of the district court\n shall have the same effect as if no appeal had been noted.\n\n 2. After the appeal is perfected by posting a required appeal bond or paying\n required costs, or after 10 days have elapsed since the entry of the judgment\n or order when no appeal bond or costs are required to perfect the appeal, an\n appealing party may request that the appeal be withdrawn by filing in the\n circuit court and serving, in person or by first-class mail, on all parties or\n their counsel a written notice of intent to withdraw the appeal.\n\nB. Upon receipt of a notice of intent to withdraw an appeal filed in the circuit\ncourt, any party to the appeal, or the circuit court on its own motion, may give\nnotice of a hearing, which shall be scheduled no later than the date set by the\ncircuit court for trial of the appeal. Unless the hearing is scheduled at the\ntime previously set for trial of the appeal, notice of the hearing shall be\ngiven, in person or by first-class mail, to all parties or their counsel, any\nnon-party who has posted an appeal bond, and, when appropriate, the Department\nof Social Services, Division of Child Support Enforcement.\n\nC. At the hearing, the circuit court shall determine whether any party objects\nto the proposed withdrawal. A party may object to the withdrawal of an appeal by\nfiling in the circuit court and serving, in person or by first-class mail, on\nall parties or their counsel a written notice of objection to withdrawal of the\nappeal. If such a written objection is filed and served within a reasonable\nperiod after service of the notice of intent to withdraw the appeal, upon a\nshowing of good cause by the party objecting to the withdrawal of the appeal,\nthe circuit court may decline to permit the withdrawal of the appeal. If no such\nwritten objection is timely filed, the appeal shall be deemed to be withdrawn\nand, subject to subsections E and F, the circuit court shall enter an order\ndisposing of the case in accordance with the judgment or order entered in the\ndistrict court.\n\nD. If a party who has appealed a judgment or order of a district court fails to\nappear in circuit court either at the time for setting the appeal for trial or\non the trial date, the circuit court may, upon the motion of any party, enter an\norder treating the appeal as withdrawn and disposing of the case in accordance\nwith this section. If no party appears for trial, the court may deem the appeal\nto be withdrawn without a motion and enter an order disposing of the case in\naccordance with this section.\n\nE. Upon the withdrawal of an appeal from a general district court, the circuit\ncourt shall, upon request of a party who did not appeal the judgment or order,\ndetermine whether, as a result of the appeal, a party has a right to additional\nrelief in the circuit court which has accrued since the appeal was noted,\nincluding but not limited to attorneys’ fees provided for by contract or\nstatute. Subject to any rights of a surety pursuant to \u00a7 16.1-110, the circuit\ncourt shall also order its clerk to disburse any cash bond posted to perfect the\nappeal as follows:\n\n 1. First, to the clerk of the court to cover taxable costs in the circuit\n court as provided by statute;\n\n 2. Second, to the prevailing party in an amount sufficient to satisfy any\n judgment or order entered in the general district court and any additional\n relief granted by the circuit court; and\n\n 3. Third, the balance, if any, to the person who posted the bond in the\n general district court.\n \t\t\t\tIn addition, the circuit court shall enter such order as may be\n appropriate to conclude all matters arising out of the appeal from the general\n district court.\n\nF. Upon the withdrawal of an appeal from a juvenile and domestic relations\ndistrict court, the circuit court shall, upon request of a party who did not\nappeal the judgment or order, determine whether, as a result of the appeal, a\nparty has a right to additional relief in the circuit court which has accrued\nsince the appeal was noted, including but not limited to attorneys’ fees\nprovided for by contract or statute. Subject to any rights of a surety pursuant\nto \u00a7 16.1-110, the circuit court shall also order its clerk to disburse any\ncash bond posted to perfect the appeal as follows:\n\n 1. First, to the clerk of the court to cover taxable costs in the circuit\n court as provided by statute;\n\n 2. Second, to the prevailing party in an amount sufficient to satisfy any\n judgment or order entered in the juvenile and domestic relations district\n court and any additional relief granted by the circuit court; and\n\n 3. Third, the balance, if any, to the person who posted the bond in the\n juvenile and domestic relations district court.\n \t\t\t\tIn addition, the circuit court shall enter such order as may be\n appropriate to conclude all matters arising out of the petition or motion\n filed in the juvenile and domestic relations district court and the appeal in\n circuit court, consistent with the judgment or order entered in the juvenile\n and domestic relations district court, as modified by the grant of any\n additional relief by the circuit court pursuant to this subsection. Unless the\n circuit court orders that the case remain in the circuit court, the case shall\n be remanded to the juvenile and domestic relations district court for purposes\n of enforcement and future modification and shall be subject to all the\n requirements of § 16.1-297.\n\nHISTORY: 2008, c. 706.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}