{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-109.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-109.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-109.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-109.html"}],"law_id":58518,"edition_id":1,"section_id":58518,"structure_id":13176,"section_number":"16.1-109","catch_line":"Appellate court may require new or additional security","history":"1956, c. 555; 2007, c. 464.","full_text":"A\n\nThe court to which the appeal is taken may on motion for good cause shown, after reasonable notice to the appellant, require the appellant to give new or additional security, and if such security be not given within the time prescribed by the appellate court the appeal shall be dismissed with costs, and the judgment or order of the court from which the appeal was taken shall remain in effect and the appellate court shall award execution thereon, with costs, against the appellant and his surety.B\n\nWhen a bond or other security is required by law to be posted or given in connection with an appeal or removal from a district court, and there is either (i) a defect in such bond or other security as a result of an error of the district court, or (ii) the district court erroneously failed to require the bond or other security, and the defect or failure is discovered prior to sending the case to the circuit court, the district court shall order that the appellant or applicant for removal cure such defect or failure within a period not longer than the initial period of time for posting the bond or giving the security. If the error or failure is discovered after the case has been sent to the circuit court, the circuit court shall return the case to the district court for the district court to order the appellant or applicant for removal to cure the defect or post the required bond or give the required security within a period of time not longer than the initial period of time for posting the bond or giving the security for removal. Failure to comply with such order shall result in the disallowance of the appeal or denial of the application for removal.","order_by":null,"text":{"0":{"id":214466,"text":"The court to which the appeal is taken may on motion for good cause shown, after reasonable notice to the appellant, require the appellant to give new or additional security, and if such security be not given within the time prescribed by the appellate court the appeal shall be dismissed with costs, and the judgment or order of the court from which the appeal was taken shall remain in effect and the appellate court shall award execution thereon, with costs, against the appellant and his surety.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":214467,"text":"When a bond or other security is required by law to be posted or given in connection with an appeal or removal from a district court, and there is either (i) a defect in such bond or other security as a result of an error of the district court, or (ii) the district court erroneously failed to require the bond or other security, and the defect or failure is discovered prior to sending the case to the circuit court, the district court shall order that the appellant or applicant for removal cure such defect or failure within a period not longer than the initial period of time for posting the bond or giving the security. If the error or failure is discovered after the case has been sent to the circuit court, the circuit court shall return the case to the district court for the district court to order the appellant or applicant for removal to cure the defect or post the required bond or give the required security within a period of time not longer than the initial period of time for posting the bond or giving the security for removal. Failure to comply with such order shall result in the disallowance of the appeal or denial of the application for removal.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-109\/","history_text":"<p>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 1 time. 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. That modification is as follows: in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0464\">464<\/a>.<\/p>","references":[{"id":81859,"section_number":"16.1-296","catch_line":"Jurisdiction of appeals; procedure","order_by":null,"url":"\/16.1-296\/"}],"refers_to":false,"permalink":{"id":162441,"object_type":"law","relational_id":58518,"identifier":"16.1-109","token":"16.1\/6\/3\/16.1-109","url":"\/16.1-109\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-109\/","token":"16.1\/6\/3\/16.1-109","dublin_core":{"Title":"Appellate court may require new or additional security","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-109","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">court<\/span> to which the <span class=\"dictionary\">appeal<\/span> is taken may on <span class=\"dictionary\">motion<\/span> for good cause shown, after reasonable notice to the <span class=\"dictionary\">appellant<\/span>, require the <span class=\"dictionary\">appellant<\/span> to give new or additional security, and if such security be not given within the time prescribed by the <span class=\"dictionary\">appellate<\/span> <span class=\"dictionary\">court<\/span> the <span class=\"dictionary\">appeal<\/span> shall be dismissed with costs, and the <span class=\"dictionary\">judgment<\/span> or <span class=\"dictionary\">order<\/span> of the <span class=\"dictionary\">court<\/span> from which the <span class=\"dictionary\">appeal<\/span> was taken shall remain in effect and the <span class=\"dictionary\">appellate<\/span> <span class=\"dictionary\">court<\/span> shall award execution thereon, with costs, against the <span class=\"dictionary\">appellant<\/span> and his <span class=\"dictionary\">surety<\/span>. <a id=\"paragraph-214466\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-109\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> When a <span class=\"dictionary\">bond<\/span> or other security is required by <span class=\"dictionary\">law<\/span> to be posted or given in connection with an <span class=\"dictionary\">appeal<\/span> or removal from a district <span class=\"dictionary\">court<\/span>, and there is either (i) a defect in such <span class=\"dictionary\">bond<\/span> or other security as a result of an error of the district <span class=\"dictionary\">court<\/span>, or (ii) the district <span class=\"dictionary\">court<\/span> erroneously failed to require the <span class=\"dictionary\">bond<\/span> or other security, and the defect or failure is discovered prior to sending the case to the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span>, the district <span class=\"dictionary\">court<\/span> shall <span class=\"dictionary\">order<\/span> that the <span class=\"dictionary\">appellant<\/span> or applicant for removal cure such defect or failure within a period not longer than the initial period of time for posting the <span class=\"dictionary\">bond<\/span> or giving the security. If the error or failure is discovered after the case has been sent to the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span>, the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> shall return the case to the district <span class=\"dictionary\">court<\/span> for the district <span class=\"dictionary\">court<\/span> to <span class=\"dictionary\">order<\/span> the <span class=\"dictionary\">appellant<\/span> or applicant for removal to cure the defect or post the required <span class=\"dictionary\">bond<\/span> or give the required security within a period of time not longer than the initial period of time for posting the <span class=\"dictionary\">bond<\/span> or giving the security for removal. Failure to comply with such <span class=\"dictionary\">order<\/span> shall result in the disallowance of the <span class=\"dictionary\">appeal<\/span> or denial of the application for removal. <a id=\"paragraph-214467\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-109\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nAPPELLATE COURT MAY REQUIRE NEW OR ADDITIONAL SECURITY (\u00a7 16.1-109)\n\nA. The court to which the appeal is taken may on motion for good cause shown,\nafter reasonable notice to the appellant, require the appellant to give new or\nadditional security, and if such security be not given within the time\nprescribed by the appellate court the appeal shall be dismissed with costs, and\nthe judgment or order of the court from which the appeal was taken shall remain\nin effect and the appellate court shall award execution thereon, with costs,\nagainst the appellant and his surety.\n\nB. When a bond or other security is required by law to be posted or given in\nconnection with an appeal or removal from a district court, and there is either\n(i) a defect in such bond or other security as a result of an error of the\ndistrict court, or (ii) the district court erroneously failed to require the\nbond or other security, and the defect or failure is discovered prior to sending\nthe case to the circuit court, the district court shall order that the appellant\nor applicant for removal cure such defect or failure within a period not longer\nthan the initial period of time for posting the bond or giving the security. If\nthe error or failure is discovered after the case has been sent to the circuit\ncourt, the circuit court shall return the case to the district court for the\ndistrict court to order the appellant or applicant for removal to cure the\ndefect or post the required bond or give the required security within a period\nof time not longer than the initial period of time for posting the bond or\ngiving the security for removal. Failure to comply with such order shall result\nin the disallowance of the appeal or denial of the application for removal.\n\nHISTORY: 1956, c. 555; 2007, c. 464.","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}}