{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-107.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-107.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-107.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-107.html"}],"law_id":55864,"edition_id":1,"section_id":55864,"structure_id":13176,"section_number":"16.1-107","catch_line":"Requirements for appeal","history":"1956, c. 555; 1972, c. 585; 1978, c. 501; 1992, c. 565; 1993, c. 970; 1998, c. 266; 2004, c. 366; 2006, c. 116; 2007, c. 869; 2008, c. 706; 2010, c. 267; 2011, c. 58; 2017, c. 657; 2019, c. 785; 2021, Sp. Sess. I, c. 199; 2025, cc. 684, 688.","full_text":"A\n\nNo appeal shall be allowed unless and until the party applying for the same or someone for him shall give bond, in an amount and with sufficient surety approved by the judge or by his clerk if there is one, or in an amount sufficient to satisfy the judgment of the court in which it was rendered. Either such amount shall include the award of attorney fees, if any. Such bond shall be posted within 30 days from the date of judgment, except for an appeal from the judgment of a general district court on an unlawful detainer pursuant to § 8.01-129. However, no appeal bond shall be required of a plaintiff in a civil case where the defendant has not asserted a counterclaim, the Commonwealth or when an appeal is proper to protect the estate of a decedent, an infant, a convict, or an insane person, or the interest of a county, city, town or transportation district created pursuant to the Transportation District Act of 1964 (§ 33.2-1900 et seq.) of Title 33.2. In a case where a defendant with indemnity coverage through a policy of liability insurance appeals, the bond required by this section shall not exceed the amount of the judgment that is covered by a policy of indemnity coverage.B\n\nIn all civil cases, except trespass, ejectment, unlawful detainer against a former owner based upon a foreclosure against that owner, or any action involving the recovering of rents, no indigent person shall be required to post an appeal bond. In cases of unlawful detainer against a former owner based upon a foreclosure against that owner, a person who has been determined to be indigent pursuant to the guidelines set forth in § 19.2-159 shall post an appeal bond within 30 days from the date of judgment.C\n\nNotwithstanding the provisions of subsection B, no indigent person shall be required to post a bond to appeal any unlawful detainer action brought by a public housing authority.D\n\nIn cases of unlawful detainer for a residential dwelling unit, notwithstanding the provisions of § 8.01-129, an appeal bond shall be posted by the defendant with payment into the general district court in the amount of outstanding rent, late charges, attorney fees, and any other charges or damages due, as contracted for in the rental agreement, and as amended on the unlawful detainer by the court. If such amount is not so paid, any such appeal shall not be perfected as a matter of law. Upon perfection of an appeal, the defendant shall pay the rental amount as contracted for in the rental agreement to the plaintiff on or before the fifth day of each month. If any such rental payment is not so paid, upon written motion of the plaintiff with a copy of such written motion mailed by regular mail to the tenant, the judge of the circuit court shall, without hearing, enter judgment for the amount of outstanding rent, late charges, attorney fees, and any other charges or damages due as of that date, subtracting any payments made by such tenant as reflected in the court accounts and on a written affidavit submitted by the plaintiff, plaintiff’s managing agent, or plaintiff’s attorney with a copy of such affidavit mailed by regular mail to the tenant, and an order of possession without further hearings or proceedings in such court. Any funds held in a court account shall be released to the plaintiff without further hearing or proceeding of the court unless the defendant has filed a motion to retain some or all of such funds and the court, after a hearing, enters an order finding that the defendant is likely to succeed on the merits of a counterclaim alleging money damages against the plaintiff, in which case funds shall be held by order of such court.E\n\nIf such bond is furnished by or on behalf of any party against whom judgment has been rendered for money or property or both, the bond shall be conditioned for the performance and satisfaction of such judgment or order as may be entered against such party on appeal, and for the payment of all costs and damages which may be awarded against him in the appellate court. If the appeal is by a party against whom there is no recovery except for costs, the bond shall be conditioned for the payment of such costs and damages as may be awarded against him on the appeal.F\n\nIn addition to the foregoing, any party applying for appeal shall, within 30 days from the date of the judgment, pay to the clerk of the court from which the appeal is taken the amount of the writ tax of the court to which the appeal is taken and costs as required by subdivision A 13 of § 17.1-275, including all fees for service of process of the notice of appeal in the circuit court pursuant to § 16.1-112.G\n\nFor purposes of this section, “indigent” means that the defendant has been determined to be indigent pursuant to the guidelines set forth in § 19.2-159.","order_by":null,"text":{"0":{"id":204627,"text":"No appeal shall be allowed unless and until the party applying for the same or someone for him shall give bond, in an amount and with sufficient surety approved by the judge or by his clerk if there is one, or in an amount sufficient to satisfy the judgment of the court in which it was rendered. Either such amount shall include the award of attorney fees, if any. Such bond shall be posted within 30 days from the date of judgment, except for an appeal from the judgment of a general district court on an unlawful detainer pursuant to § 8.01-129. However, no appeal bond shall be required of a plaintiff in a civil case where the defendant has not asserted a counterclaim, the Commonwealth or when an appeal is proper to protect the estate of a decedent, an infant, a convict, or an insane person, or the interest of a county, city, town or transportation district created pursuant to the Transportation District Act of 1964 (§ 33.2-1900 et seq.) of Title 33.2. In a case where a defendant with indemnity coverage through a policy of liability insurance appeals, the bond required by this section shall not exceed the amount of the judgment that is covered by a policy of indemnity coverage.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":204628,"text":"In all civil cases, except trespass, ejectment, unlawful detainer against a former owner based upon a foreclosure against that owner, or any action involving the recovering of rents, no indigent person shall be required to post an appeal bond. In cases of unlawful detainer against a former owner based upon a foreclosure against that owner, a person who has been determined to be indigent pursuant to the guidelines set forth in § 19.2-159 shall post an appeal bond within 30 days from the date of judgment.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":204629,"text":"Notwithstanding the provisions of subsection B, no indigent person shall be required to post a bond to appeal any unlawful detainer action brought by a public housing authority.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":204630,"text":"In cases of unlawful detainer for a residential dwelling unit, notwithstanding the provisions of § 8.01-129, an appeal bond shall be posted by the defendant with payment into the general district court in the amount of outstanding rent, late charges, attorney fees, and any other charges or damages due, as contracted for in the rental agreement, and as amended on the unlawful detainer by the court. If such amount is not so paid, any such appeal shall not be perfected as a matter of law. Upon perfection of an appeal, the defendant shall pay the rental amount as contracted for in the rental agreement to the plaintiff on or before the fifth day of each month. If any such rental payment is not so paid, upon written motion of the plaintiff with a copy of such written motion mailed by regular mail to the tenant, the judge of the circuit court shall, without hearing, enter judgment for the amount of outstanding rent, late charges, attorney fees, and any other charges or damages due as of that date, subtracting any payments made by such tenant as reflected in the court accounts and on a written affidavit submitted by the plaintiff, plaintiff’s managing agent, or plaintiff’s attorney with a copy of such affidavit mailed by regular mail to the tenant, and an order of possession without further hearings or proceedings in such court. Any funds held in a court account shall be released to the plaintiff without further hearing or proceeding of the court unless the defendant has filed a motion to retain some or all of such funds and the court, after a hearing, enters an order finding that the defendant is likely to succeed on the merits of a counterclaim alleging money damages against the plaintiff, in which case funds shall be held by order of such court.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":204631,"text":"If such bond is furnished by or on behalf of any party against whom judgment has been rendered for money or property or both, the bond shall be conditioned for the performance and satisfaction of such judgment or order as may be entered against such party on appeal, and for the payment of all costs and damages which may be awarded against him in the appellate court. If the appeal is by a party against whom there is no recovery except for costs, the bond shall be conditioned for the payment of such costs and damages as may be awarded against him on the appeal.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":204632,"text":"In addition to the foregoing, any party applying for appeal shall, within 30 days from the date of the judgment, pay to the clerk of the court from which the appeal is taken the amount of the writ tax of the court to which the appeal is taken and costs as required by subdivision A 13 of § 17.1-275, including all fees for service of process of the notice of appeal in the circuit court pursuant to § 16.1-112.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":204633,"text":"For purposes of this section, “indigent” means that the defendant has been determined to be indigent pursuant to the guidelines set forth in § 19.2-159.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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; further proceedings","url":"\/16.1-112\/","token":"16.1\/6\/3\/16.1-112","metadata":false},{"id":65744,"structure_id":13176,"section_number":"16.1-113","catch_line":"How appeals tried","url":"\/16.1-113\/","token":"16.1\/6\/3\/16.1-113","metadata":false},{"id":85944,"structure_id":13176,"section_number":"16.1-114","catch_line":"Repealed","url":"\/16.1-114\/","token":"16.1\/6\/3\/16.1-114","metadata":false},{"id":56756,"structure_id":13176,"section_number":"16.1-114.1","catch_line":"Principles applicable in trial of appeals; defective or irregular warrants or motions","url":"\/16.1-114.1\/","token":"16.1\/6\/3\/16.1-114.1","metadata":false},{"id":84069,"structure_id":13176,"section_number":"16.1-115","catch_line":"Repealed","url":"\/16.1-115\/","token":"16.1\/6\/3\/16.1-115","metadata":false},{"id":68958,"structure_id":13176,"section_number":"16.1-116","catch_line":"Issuance of executions and abstracts and proceedings by interrogatories after papers returned to circuit court","url":"\/16.1-116\/","token":"16.1\/6\/3\/16.1-116","metadata":false},{"id":54192,"structure_id":13176,"section_number":"16.1-117","catch_line":"When papers in civil cases in certain municipal courts may be destroyed","url":"\/16.1-117\/","token":"16.1\/6\/3\/16.1-117","metadata":false},{"id":86399,"structure_id":13176,"section_number":"16.1-118","catch_line":"When papers in civil cases returned to courts of record may be destroyed","url":"\/16.1-118\/","token":"16.1\/6\/3\/16.1-118","metadata":false},{"id":78717,"structure_id":13176,"section_number":"16.1-118.1","catch_line":"Destruction of papers in civil cases in certain district courts","url":"\/16.1-118.1\/","token":"16.1\/6\/3\/16.1-118.1","metadata":false},{"id":69715,"structure_id":13176,"section_number":"16.1-79","catch_line":"Actions brought on warrant","url":"\/16.1-79\/","token":"16.1\/6\/3\/16.1-79","metadata":false},{"id":54886,"structure_id":13176,"section_number":"16.1-79.1","catch_line":"Electronic filing of civil cases","url":"\/16.1-79.1\/","token":"16.1\/6\/3\/16.1-79.1","metadata":false},{"id":73585,"structure_id":13176,"section_number":"16.1-80","catch_line":"Service of warrant and return thereof","url":"\/16.1-80\/","token":"16.1\/6\/3\/16.1-80","metadata":false},{"id":68153,"structure_id":13176,"section_number":"16.1-81","catch_line":"Actions brought by motion for judgment","url":"\/16.1-81\/","token":"16.1\/6\/3\/16.1-81","metadata":false},{"id":54713,"structure_id":13176,"section_number":"16.1-81.1","catch_line":"Certain corporations; pro se representation","url":"\/16.1-81.1\/","token":"16.1\/6\/3\/16.1-81.1","metadata":false},{"id":80374,"structure_id":13176,"section_number":"16.1-82","catch_line":"Service of motion; return thereon and delivery to the court; how disposed of","url":"\/16.1-82\/","token":"16.1\/6\/3\/16.1-82","metadata":false},{"id":85267,"structure_id":13176,"section_number":"16.1-83","catch_line":"Consent of parties required for trial within five days of service","url":"\/16.1-83\/","token":"16.1\/6\/3\/16.1-83","metadata":false},{"id":80303,"structure_id":13176,"section_number":"16.1-83.1","catch_line":"Certification of expert witness opinion at time of service of process","url":"\/16.1-83.1\/","token":"16.1\/6\/3\/16.1-83.1","metadata":false},{"id":85207,"structure_id":13176,"section_number":"16.1-84","catch_line":"When action or proceeding not lost; when matured for hearing","url":"\/16.1-84\/","token":"16.1\/6\/3\/16.1-84","metadata":false},{"id":82898,"structure_id":13176,"section_number":"16.1-85","catch_line":"What term \"warrant\" to include","url":"\/16.1-85\/","token":"16.1\/6\/3\/16.1-85","metadata":false},{"id":81746,"structure_id":13176,"section_number":"16.1-86","catch_line":"When action deemed brought","url":"\/16.1-86\/","token":"16.1\/6\/3\/16.1-86","metadata":false},{"id":59297,"structure_id":13176,"section_number":"16.1-86.1","catch_line":"Repealed","url":"\/16.1-86.1\/","token":"16.1\/6\/3\/16.1-86.1","metadata":false},{"id":72640,"structure_id":13176,"section_number":"16.1-87","catch_line":"Repealed","url":"\/16.1-87\/","token":"16.1\/6\/3\/16.1-87","metadata":false},{"id":84650,"structure_id":13176,"section_number":"16.1-88","catch_line":"Procedure when plaintiff sues on sworn claim","url":"\/16.1-88\/","token":"16.1\/6\/3\/16.1-88","metadata":false},{"id":82741,"structure_id":13176,"section_number":"16.1-88.01","catch_line":"Counterclaims","url":"\/16.1-88.01\/","token":"16.1\/6\/3\/16.1-88.01","metadata":false},{"id":76355,"structure_id":13176,"section_number":"16.1-88.02","catch_line":"Cross-claims","url":"\/16.1-88.02\/","token":"16.1\/6\/3\/16.1-88.02","metadata":false},{"id":81566,"structure_id":13176,"section_number":"16.1-88.03","catch_line":"Pleadings and other papers by certain parties not represented by attorneys","url":"\/16.1-88.03\/","token":"16.1\/6\/3\/16.1-88.03","metadata":false},{"id":71230,"structure_id":13176,"section_number":"16.1-88.1","catch_line":"Repealed","url":"\/16.1-88.1\/","token":"16.1\/6\/3\/16.1-88.1","metadata":false},{"id":64597,"structure_id":13176,"section_number":"16.1-88.2","catch_line":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records","url":"\/16.1-88.2\/","token":"16.1\/6\/3\/16.1-88.2","metadata":false},{"id":73502,"structure_id":13176,"section_number":"16.1-89","catch_line":"Subpoena duces tecum; attorney-issued subpoena duces tecum","url":"\/16.1-89\/","token":"16.1\/6\/3\/16.1-89","metadata":false},{"id":73564,"structure_id":13176,"section_number":"16.1-90","catch_line":"Recognizance upon continuation of case","url":"\/16.1-90\/","token":"16.1\/6\/3\/16.1-90","metadata":false},{"id":63737,"structure_id":13176,"section_number":"16.1-91","catch_line":"Repealed","url":"\/16.1-91\/","token":"16.1\/6\/3\/16.1-91","metadata":false},{"id":63754,"structure_id":13176,"section_number":"16.1-91.1","catch_line":"Costs to be included in judgment on forthcoming bond","url":"\/16.1-91.1\/","token":"16.1\/6\/3\/16.1-91.1","metadata":false},{"id":57473,"structure_id":13176,"section_number":"16.1-91.2","catch_line":"Judge to keep record of judgment on forthcoming bond; how to endorse execution","url":"\/16.1-91.2\/","token":"16.1\/6\/3\/16.1-91.2","metadata":false},{"id":74408,"structure_id":13176,"section_number":"16.1-92","catch_line":"Repealed","url":"\/16.1-92\/","token":"16.1\/6\/3\/16.1-92","metadata":false},{"id":76601,"structure_id":13176,"section_number":"16.1-93","catch_line":"Principles applicable to trial of cases","url":"\/16.1-93\/","token":"16.1\/6\/3\/16.1-93","metadata":false},{"id":83719,"structure_id":13176,"section_number":"16.1-93.1","catch_line":"Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing","url":"\/16.1-93.1\/","token":"16.1\/6\/3\/16.1-93.1","metadata":false},{"id":64532,"structure_id":13176,"section_number":"16.1-94","catch_line":"Judgment to be noted on papers; 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-107\/","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 14 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 1972, chapter 585; in 1978, chapter 501; in 1992, chapter 565; in 1993, chapter 970; in 1998, chapter 266<\/a>; in 2004, chapter 366<\/a>; in 2006, chapter 116<\/a>; in 2007, chapter 869<\/a>; in 2008, chapter 706<\/a>; in 2010, chapter 267<\/a>; in 2011, chapter 58<\/a>; in 2017, chapter 657<\/a>; in 2019, chapter 785<\/a>; in 2025, chapters 684<\/a> and 688<\/a>.<\/p>","references":[{"id":79702,"section_number":"16.1-106","catch_line":"Appeals from courts not of record in civil cases","order_by":null,"url":"\/16.1-106\/"},{"id":79859,"section_number":"16.1-112","catch_line":"All papers transmitted to appellate court; further proceedings","order_by":null,"url":"\/16.1-112\/"},{"id":72555,"section_number":"58.1-1825","catch_line":"Application to court for correction of erroneous or improper assessments of state taxes generally","order_by":null,"url":"\/58.1-1825\/"}],"refers_to":[{"id":71931,"section_number":"17.1-275","catch_line":"Fees collected by clerks of circuit courts; generally","order_by":null,"url":"\/17.1-275\/"},{"id":57328,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","order_by":null,"url":"\/19.2-159\/"},{"id":55611,"section_number":"33.2-1900","catch_line":"Declaration of policy","order_by":null,"url":"\/33.2-1900\/"},{"id":69380,"section_number":"8.01-129","catch_line":"Appeal from judgment of general district court","order_by":null,"url":"\/8.01-129\/"}],"permalink":{"id":162433,"object_type":"law","relational_id":55864,"identifier":"16.1-107","token":"16.1\/6\/3\/16.1-107","url":"\/16.1-107\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-107\/","token":"16.1\/6\/3\/16.1-107","dublin_core":{"Title":"Requirements for appeal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-107","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No appeal<\/span> shall be allowed unless and until the party<\/span> applying for the same or someone for him shall give bond<\/span>, in an amount and with sufficient surety<\/span> approved by the judge<\/span> or by his clerk if there is one, or in an amount sufficient to satisfy the judgment<\/span> of the court<\/span> in which it was rendered. Either such amount shall include the award of attorney fees, if any. Such bond<\/span> shall be posted within 30 days from the date of judgment<\/span>, except for an appeal<\/span> from the judgment<\/span> of a general district court<\/span> on an unlawful detainer<\/span> pursuant to § 8.01-129<\/a>. However, no appeal<\/span> bond<\/span> shall be required of a plaintiff<\/span> in a civil case where the defendant<\/span> has not asserted a counterclaim<\/span>, the Commonwealth or when an appeal<\/span> is proper to protect the estate of a decedent, an infant, a convict, or an insane person, or the interest of a county, city, town or transportation district created pursuant to the Transportation District Act of 1964 (§ 33.2-1900<\/a> et seq.) of Title 33.2. In a case where a defendant<\/span> with indemnity coverage through a policy of liability insurance appeals<\/span>, the bond<\/span> required by this section shall not exceed the amount of the judgment<\/span> that is covered by a policy of indemnity coverage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In all civil cases, except trespass, ejectment, unlawful detainer<\/span> against a former owner based upon a foreclosure against that owner, or any action involving the recovering of rents, no indigent<\/span> person shall be required to post an appeal<\/span> bond<\/span>. In cases of unlawful detainer<\/span> against a former owner based upon a foreclosure against that owner, a person who has been determined to be indigent<\/span> pursuant to the guidelines set forth in § 19.2-159<\/a> shall post an appeal<\/span> bond<\/span> within 30 days from the date of judgment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding the provisions of subsection B, no indigent<\/span> person shall be required to post a bond<\/span> to appeal<\/span> any unlawful detainer action<\/span> brought by a public housing authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In cases of unlawful detainer for a residential dwelling unit, notwithstanding the provisions of § 8.01-129<\/a>, an appeal<\/span> bond<\/span> shall be posted by the defendant<\/span> with payment into the general district court<\/span> in the amount of outstanding rent, late charges, attorney fees, and any other charges or damages<\/span> due, as contracted for in the rental agreement, and as amended on the unlawful detainer by the court<\/span>. If such amount is not so paid, any such appeal<\/span> shall not be perfected as a matter of law<\/span>. Upon perfection of an appeal<\/span>, the defendant<\/span> shall pay the rental amount as contracted for in the rental agreement to the plaintiff<\/span> on or before the fifth day of each month. If any such rental payment is not so paid, upon written motion<\/span> of the plaintiff<\/span> with a copy of such written motion<\/span> mailed by regular mail to the tenant, the judge<\/span> of the circuit<\/span> court<\/span> shall, without hearing<\/span>, enter judgment<\/span> for the amount of outstanding rent, late charges, attorney fees, and any other charges or damages<\/span> due as of that date, subtracting any payments made by such tenant as reflected in the court<\/span> accounts and on a written affidavit<\/span> submitted by the plaintiff<\/span>, plaintiff<\/span>’s managing agent, or plaintiff<\/span>’s attorney with a copy of such affidavit<\/span> mailed by regular mail to the tenant, and an order<\/span> of possession<\/span> without further hearings<\/span> or proceedings in such court<\/span>. Any funds held in a court<\/span> account shall be released to the plaintiff<\/span> without further hearing<\/span> or proceeding of the court<\/span> unless the defendant<\/span> has filed a motion<\/span> to retain some or all of such funds and the court<\/span>, after a hearing<\/span>, enters an order<\/span> finding<\/span> that the defendant<\/span> is likely to succeed on the merits of a counterclaim<\/span> alleging money damages<\/span> against the plaintiff<\/span>, in which case funds shall be held by order<\/span> of such court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If such bond<\/span> is furnished by or on behalf of any party<\/span> against whom judgment<\/span> has been rendered for money or property or both, the bond<\/span> shall be conditioned for the performance and satisfaction of such judgment<\/span> or order<\/span> as may be entered against such party<\/span> on appeal<\/span>, and for the payment of all costs and damages<\/span> which may be awarded against him in the appellate<\/span> court<\/span>. If the appeal<\/span> is by a party<\/span> against whom there is no recovery except for costs, the bond<\/span> shall be conditioned for the payment of such costs and damages<\/span> as may be awarded against him on the appeal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In addition to the foregoing, any party<\/span> applying for appeal shall, within 30 days from the date of the judgment<\/span>, pay to the clerk of the court<\/span> from which the appeal is taken the amount of the writ<\/span> tax of the court<\/span> to which the appeal is taken and costs as required by subdivision A 13 of § 17.1-275<\/a>, including all fees for service of process<\/span> of the notice of appeal<\/span> in the circuit<\/span> court<\/span> pursuant to § 16.1-112<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> For purposes of this section, “indigent<\/span>” means that the defendant<\/span> has been determined to be indigent<\/span> pursuant to the guidelines set forth in § 19.2-159<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREQUIREMENTS FOR APPEAL (\u00a7 16.1-107)\n\nA. No appeal shall be allowed unless and until the party applying for the same\nor someone for him shall give bond, in an amount and with sufficient surety\napproved by the judge or by his clerk if there is one, or in an amount\nsufficient to satisfy the judgment of the court in which it was rendered. Either\nsuch amount shall include the award of attorney fees, if any. Such bond shall be\nposted within 30 days from the date of judgment, except for an appeal from the\njudgment of a general district court on an unlawful detainer pursuant to §\n8.01-129. However, no appeal bond shall be required of a plaintiff in a civil\ncase where the defendant has not asserted a counterclaim, the Commonwealth or\nwhen an appeal is proper to protect the estate of a decedent, an infant, a\nconvict, or an insane person, or the interest of a county, city, town or\ntransportation district created pursuant to the Transportation District Act of\n1964 (§ 33.2-1900 et seq.) of Title 33.2. In a case where a defendant with\nindemnity coverage through a policy of liability insurance appeals, the bond\nrequired by this section shall not exceed the amount of the judgment that is\ncovered by a policy of indemnity coverage.\n\nB. In all civil cases, except trespass, ejectment, unlawful detainer against a\nformer owner based upon a foreclosure against that owner, or any action\ninvolving the recovering of rents, no indigent person shall be required to post\nan appeal bond. In cases of unlawful detainer against a former owner based upon\na foreclosure against that owner, a person who has been determined to be\nindigent pursuant to the guidelines set forth in § 19.2-159 shall post an\nappeal bond within 30 days from the date of judgment.\n\nC. Notwithstanding the provisions of subsection B, no indigent person shall be\nrequired to post a bond to appeal any unlawful detainer action brought by a\npublic housing authority.\n\nD. In cases of unlawful detainer for a residential dwelling unit,\nnotwithstanding the provisions of § 8.01-129, an appeal bond shall be\nposted by the defendant with payment into the general district court in the\namount of outstanding rent, late charges, attorney fees, and any other charges\nor damages due, as contracted for in the rental agreement, and as amended on the\nunlawful detainer by the court. If such amount is not so paid, any such appeal\nshall not be perfected as a matter of law. Upon perfection of an appeal, the\ndefendant shall pay the rental amount as contracted for in the rental agreement\nto the plaintiff on or before the fifth day of each month. If any such rental\npayment is not so paid, upon written motion of the plaintiff with a copy of such\nwritten motion mailed by regular mail to the tenant, the judge of the circuit\ncourt shall, without hearing, enter judgment for the amount of outstanding rent,\nlate charges, attorney fees, and any other charges or damages due as of that\ndate, subtracting any payments made by such tenant as reflected in the court\naccounts and on a written affidavit submitted by the plaintiff,\nplaintiff’s managing agent, or plaintiff’s attorney with a copy of\nsuch affidavit mailed by regular mail to the tenant, and an order of possession\nwithout further hearings or proceedings in such court. Any funds held in a court\naccount shall be released to the plaintiff without further hearing or proceeding\nof the court unless the defendant has filed a motion to retain some or all of\nsuch funds and the court, after a hearing, enters an order finding that the\ndefendant is likely to succeed on the merits of a counterclaim alleging money\ndamages against the plaintiff, in which case funds shall be held by order of\nsuch court.\n\nE. If such bond is furnished by or on behalf of any party against whom judgment\nhas been rendered for money or property or both, the bond shall be conditioned\nfor the performance and satisfaction of such judgment or order as may be entered\nagainst such party on appeal, and for the payment of all costs and damages which\nmay be awarded against him in the appellate court. If the appeal is by a party\nagainst whom there is no recovery except for costs, the bond shall be\nconditioned for the payment of such costs and damages as may be awarded against\nhim on the appeal.\n\nF. In addition to the foregoing, any party applying for appeal shall, within 30\ndays from the date of the judgment, pay to the clerk of the court from which the\nappeal is taken the amount of the writ tax of the court to which the appeal is\ntaken and costs as required by subdivision A 13 of § 17.1-275, including\nall fees for service of process of the notice of appeal in the circuit court\npursuant to § 16.1-112.\n\nG. For purposes of this section, “indigent” means that the defendant\nhas been determined to be indigent pursuant to the guidelines set forth in\n§ 19.2-159.\n\nHISTORY: 1956, c. 555; 1972, c. 585; 1978, c. 501; 1992, c. 565; 1993, c. 970;\n1998, c. 266; 2004, c. 366; 2006, c. 116; 2007, c. 869; 2008, c. 706; 2010, c.\n267; 2011, c. 58; 2017, c. 657; 2019, c. 785; 2021, Sp. Sess. I, c. 199; 2025,\ncc. 684, 688.","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}}