{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-106.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-106.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-106.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-106.html"}],"law_id":79702,"edition_id":1,"section_id":79702,"structure_id":13176,"section_number":"16.1-106","catch_line":"Appeals from courts not of record in civil cases","history":"1956, c. 555; 1977, c. 624; 1990, c. 217; 1997, c. 831; 2009, c. 729; 2013, cc. 73, 97; 2014, c. 784; 2015, c. 714; 2020, cc. 1048, 1049.","full_text":"A\n\nFrom any order entered or judgment rendered in a court not of record in a civil case in which the matter in controversy is of greater value than $20, exclusive of interest, any attorney fees contracted for in the instrument, and costs, or when the case involves the constitutionality or validity of a statute of the Commonwealth, or of an ordinance or bylaw of a municipal corporation, or of the enforcement of rights and privileges conferred by the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), or of a protective order pursuant to § 19.2-152.10, or of an action filed by a condominium unit owners’ association or unit owner pursuant to § 55.1-1959, or of an action filed by a property owners’ association or lot owner pursuant to § 55.1-1819, or from any order entered or judgment rendered in a general district court that alters, amends, overturns, or vacates any prior final order, there shall be an appeal of right, if taken within 10 days after such order or judgment, to a court of record. Such appeal shall be to a court of record having jurisdiction within the territory of the court from which the appeal is taken and shall be heard de novo.B\n\nIf any party timely notices an appeal as provided by subsection A, such notice of appeal shall be deemed a timely notice of appeal by any other party on a final order or judgment entered in the same or a related action arising from the same conduct, transaction, or occurrence as the underlying action; however, all parties will be required to timely perfect their own respective appeals by giving a bond and the writ tax and costs, if any, in accordance with § 16.1-107.\n\t\t\tIf an appeal is noted and perfected after the sheriff has served the notice of intent to execute a writ of eviction, which is required to be served at least 72 hours before such eviction in accordance with law, the party noting or noting and perfecting such appeal shall notify the sheriff of such appeal.C\n\nThe court from which an appeal is sought may refuse to suspend the execution of a judgment that refuses, grants, modifies, or dissolves an injunction in a case brought pursuant to § 2.2-3713 of the Virginia Freedom of Information Act. A protective order issued pursuant to § 19.2-152.10, including a protective order required by § 18.2-60.4, shall remain in effect upon petition for or the pendency of an appeal or writ of error unless ordered suspended by the judge of a circuit court or so directed in a writ of supersedeas by the Court of Appeals or the Supreme Court.","order_by":null,"text":{"0":{"id":285621,"text":"From any order entered or judgment rendered in a court not of record in a civil case in which the matter in controversy is of greater value than $20, exclusive of interest, any attorney fees contracted for in the instrument, and costs, or when the case involves the constitutionality or validity of a statute of the Commonwealth, or of an ordinance or bylaw of a municipal corporation, or of the enforcement of rights and privileges conferred by the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), or of a protective order pursuant to § 19.2-152.10, or of an action filed by a condominium unit owners’ association or unit owner pursuant to § 55.1-1959, or of an action filed by a property owners’ association or lot owner pursuant to § 55.1-1819, or from any order entered or judgment rendered in a general district court that alters, amends, overturns, or vacates any prior final order, there shall be an appeal of right, if taken within 10 days after such order or judgment, to a court of record. Such appeal shall be to a court of record having jurisdiction within the territory of the court from which the appeal is taken and shall be heard de novo.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":285622,"text":"If any party timely notices an appeal as provided by subsection A, such notice of appeal shall be deemed a timely notice of appeal by any other party on a final order or judgment entered in the same or a related action arising from the same conduct, transaction, or occurrence as the underlying action; however, all parties will be required to timely perfect their own respective appeals by giving a bond and the writ tax and costs, if any, in accordance with § 16.1-107.\n\t\t\tIf an appeal is noted and perfected after the sheriff has served the notice of intent to execute a writ of eviction, which is required to be served at least 72 hours before such eviction in accordance with law, the party noting or noting and perfecting such appeal shall notify the sheriff of such appeal.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":285623,"text":"The court from which an appeal is sought may refuse to suspend the execution of a judgment that refuses, grants, modifies, or dissolves an injunction in a case brought pursuant to § 2.2-3713 of the Virginia Freedom of Information Act. A protective order issued pursuant to § 19.2-152.10, including a protective order required by § 18.2-60.4, shall remain in effect upon petition for or the pendency of an appeal or writ of error unless ordered suspended by the judge of a circuit court or so directed in a writ of supersedeas by the Court of Appeals or the Supreme Court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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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to whom directed","url":"\/16.1-99\/","token":"16.1\/6\/3\/16.1-99","metadata":false}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-106\/","history_text":"

This law was first created in 1956. The record of its establishment is cataloged in chapter 555 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. Unfortunately, the 1956 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1977, chapter 624; in 1990, chapter 217; in 1997, chapter 831<\/a>; in 2009, chapter 729<\/a>; in 2013, chapters 73<\/a> and 97<\/a>; in 2014, chapter 784<\/a>; in 2015, chapter 714<\/a>; in 2020, chapters 1048<\/a> and 1049<\/a>.<\/p>","references":[{"id":86974,"section_number":"16.1-101","catch_line":"Proceedings against officer failing to make or making improper return","order_by":null,"url":"\/16.1-101\/"},{"id":73452,"section_number":"16.1-122","catch_line":"Appeal","order_by":null,"url":"\/16.1-122\/"},{"id":58360,"section_number":"4.1-129","catch_line":"Local ordinances regulating time of sale of wine and beer","order_by":null,"url":"\/4.1-129\/"},{"id":69380,"section_number":"8.01-129","catch_line":"Appeal from judgment of general district court","order_by":null,"url":"\/8.01-129\/"},{"id":55779,"section_number":"8.01-380","catch_line":"Dismissal of action by nonsuit; fees and costs","order_by":null,"url":"\/8.01-380\/"}],"refers_to":[{"id":55864,"section_number":"16.1-107","catch_line":"Requirements for appeal","order_by":null,"url":"\/16.1-107\/"},{"id":86834,"section_number":"18.2-60.4","catch_line":"Violation of protective orders; penalty","order_by":null,"url":"\/18.2-60.4\/"},{"id":83461,"section_number":"19.2-152.10","catch_line":"Protective order","order_by":null,"url":"\/19.2-152.10\/"},{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":69183,"section_number":"2.2-3713","catch_line":"Proceedings for enforcement of chapter","order_by":null,"url":"\/2.2-3713\/"},{"id":77313,"section_number":"55.1-1819","catch_line":"Adoption and enforcement of rules","order_by":null,"url":"\/55.1-1819\/"},{"id":65547,"section_number":"55.1-1959","catch_line":"Suspension of services for failure to pay assessments; corrective action; assessment of charges for violations; notice; hearing; adoption and enforcement of rules and regulations","order_by":null,"url":"\/55.1-1959\/"}],"permalink":{"id":162425,"object_type":"law","relational_id":79702,"identifier":"16.1-106","token":"16.1\/6\/3\/16.1-106","url":"\/16.1-106\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-106\/","token":"16.1\/6\/3\/16.1-106","dublin_core":{"Title":"Appeals from courts not of record in civil cases","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-106","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> From any order entered or judgment<\/span> rendered in a court<\/span> not of record in a civil case in which the matter in controversy is of greater value than $20, exclusive of interest, any attorney fees contracted for in the instrument, and costs, or when the case involves the constitutionality or validity of a statute<\/span> of the Commonwealth, or of an ordinance<\/span> or bylaw of a municipal corporation, or of the enforcement of rights and privileges<\/span> conferred by the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.), or of a protective order pursuant to § 19.2-152.10<\/a>, or of an action filed by a condominium unit owners’ association or unit owner pursuant to § 55.1-1959<\/a>, or of an action filed by a property owners’ association or lot owner pursuant to § 55.1-1819<\/a>, or from any order entered or judgment<\/span> rendered in a general district court<\/span> that alters, amends<\/span>, overturns, or vacates any prior final order<\/span>, there shall be an appeal<\/span> of right, if taken within 10 days after such order or judgment<\/span>, to a court<\/span> of record. Such appeal<\/span> shall be to a court<\/span> of record having jurisdiction<\/span> within the territory of the court<\/span> from which the appeal<\/span> is taken and shall be heard de novo<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If any party<\/span> timely notices an appeal as provided by subsection A, such notice of appeal<\/span> shall be deemed a timely notice of appeal<\/span> by any other party<\/span> on a final order<\/span> or judgment<\/span> entered in the same or a related action arising from the same conduct, transaction, or occurrence as the underlying action; however, all parties will be required to timely perfect their own respective appeals<\/span> by giving a bond<\/span> and the writ<\/span> tax and costs, if any, in accordance with § 16.1-107<\/a>.\n\t\t\tIf an appeal is noted and perfected after the sheriff has served the notice of intent<\/span> to execute a writ<\/span> of eviction, which is required to be served at least 72 hours before such eviction in accordance with law<\/span>, the party<\/span> noting or noting and perfecting such appeal shall notify the sheriff of such appeal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court<\/span> from which an appeal is sought may refuse to suspend the execution of a judgment<\/span> that refuses, grants, modifies, or dissolves an injunction<\/span> in a case brought pursuant to § 2.2-3713<\/a> of the Virginia Freedom of Information Act. A protective order issued pursuant to § 19.2-152.10<\/a>, including a protective order required by § 18.2-60.4<\/a>, shall remain in effect upon petition<\/span> for or the pendency of an appeal or writ<\/span> of error unless ordered suspended by the judge<\/span> of a circuit<\/span> court<\/span> or so directed in a writ<\/span> of supersedeas by the Court<\/span> of Appeals<\/span> or the Supreme Court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEALS FROM COURTS NOT OF RECORD IN CIVIL CASES (\u00a7 16.1-106)\n\nA. From any order entered or judgment rendered in a court not of record in a\ncivil case in which the matter in controversy is of greater value than $20,\nexclusive of interest, any attorney fees contracted for in the instrument, and\ncosts, or when the case involves the constitutionality or validity of a statute\nof the Commonwealth, or of an ordinance or bylaw of a municipal corporation, or\nof the enforcement of rights and privileges conferred by the Virginia Freedom of\nInformation Act (§ 2.2-3700 et seq.), or of a protective order pursuant to\n§ 19.2-152.10, or of an action filed by a condominium unit owners’\nassociation or unit owner pursuant to § 55.1-1959, or of an action filed by\na property owners’ association or lot owner pursuant to § 55.1-1819,\nor from any order entered or judgment rendered in a general district court that\nalters, amends, overturns, or vacates any prior final order, there shall be an\nappeal of right, if taken within 10 days after such order or judgment, to a\ncourt of record. Such appeal shall be to a court of record having jurisdiction\nwithin the territory of the court from which the appeal is taken and shall be\nheard de novo.\n\nB. If any party timely notices an appeal as provided by subsection A, such\nnotice of appeal shall be deemed a timely notice of appeal by any other party on\na final order or judgment entered in the same or a related action arising from\nthe same conduct, transaction, or occurrence as the underlying action; however,\nall parties will be required to timely perfect their own respective appeals by\ngiving a bond and the writ tax and costs, if any, in accordance with §\n16.1-107.\n\t\t\tIf an appeal is noted and perfected after the sheriff has served the notice\nof intent to execute a writ of eviction, which is required to be served at least\n72 hours before such eviction in accordance with law, the party noting or noting\nand perfecting such appeal shall notify the sheriff of such appeal.\n\nC. The court from which an appeal is sought may refuse to suspend the execution\nof a judgment that refuses, grants, modifies, or dissolves an injunction in a\ncase brought pursuant to § 2.2-3713 of the Virginia Freedom of Information\nAct. A protective order issued pursuant to § 19.2-152.10, including a\nprotective order required by § 18.2-60.4, shall remain in effect upon\npetition for or the pendency of an appeal or writ of error unless ordered\nsuspended by the judge of a circuit court or so directed in a writ of\nsupersedeas by the Court of Appeals or the Supreme Court.\n\nHISTORY: 1956, c. 555; 1977, c. 624; 1990, c. 217; 1997, c. 831; 2009, c. 729;\n2013, cc. 73, 97; 2014, c. 784; 2015, c. 714; 2020, cc. 1048, 1049.","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}}