{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-821.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-821.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-821.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-821.html"}],"law_id":75804,"edition_id":1,"section_id":75804,"structure_id":14586,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","history":"1977, c. 355, \u00a7 37.1-67.6; 1979, c. 204; 1980, c. 176; 1985, c. 106; 1990, c. 274; 2005, c. 716; 2006, c. 486; 2008, cc. 850, 870; 2010, cc. 544, 591; 2020, cc. 298, 1175; 2022, c. 763.","full_text":"A\n\nAny person involuntarily admitted to an inpatient facility or ordered to mandatory outpatient treatment pursuant to §§ 37.2-814 through 37.2-819 or certified as eligible for admission pursuant to § 37.2-806 shall have the right to appeal the order to the circuit court in the jurisdiction where he was involuntarily admitted or ordered to mandatory outpatient treatment or certified or where the facility to which he was admitted is located. Choice of venue shall rest with such person. The court may transfer the case upon a finding that the other forum is more convenient. The clerk of the court from which an appeal is taken shall immediately transmit the record to the clerk of the appellate court. The clerk of the circuit court shall provide written notification of the appeal to the petitioner in the case in accordance with procedures set forth in § 16.1-112. No appeal bond or writ tax shall be required, and the appeal shall proceed without the payment of costs or other fees. Costs may be recovered as provided for in § 37.2-804.B\n\nAn appeal shall be filed within 10 days from the date of the order and shall be given priority over all other pending matters before the court and heard as soon as possible, notwithstanding § 19.2-241 regarding the time within which the court shall set criminal cases for trial. A petition for or the pendency of an appeal shall not suspend any order unless so ordered by a judge or special justice; however, a person may be released after a petition for or during the pendency of an appeal pursuant to § 37.2-837 or 37.2-838. If the person is released during the pendency of an appeal, the appeal shall be in accordance with the provisions set forth in §§ 37.2-844 and 37.2-846.C\n\nThe appeal shall be heard de novo in accordance with the provisions set forth in §§ 37.2-802, 37.2-804, 37.2-804.1, 37.2-804.2, and 37.2-805 and (i) § 37.2-806 or (ii) §§ 37.2-814 through 37.2-819, except that the court in its discretion may rely upon the evaluation report in the commitment hearing from which the appeal is taken instead of requiring a new evaluation pursuant to § 37.2-815. Any order of the circuit court shall not extend the period of involuntary admission or mandatory outpatient treatment set forth in the order appealed from.D\n\nAn order continuing the involuntary inpatient admission shall be entered only if the criteria in § 37.2-817 are met at the time the appeal is heard. An order continuing mandatory outpatient treatment shall be entered only if the criteria set forth in § 37.2-817.01 are met at the time the appeal is heard.E\n\nUpon a finding by the court that the appellant no longer meets the criteria for involuntary admission or mandatory outpatient treatment, the court shall not dismiss the Commonwealth’s petition but shall reverse the order of the district court.F\n\nThe person so admitted or certified shall be entitled to trial by jury. Seven persons from a panel of 13 shall constitute a jury.G\n\nIf the person is not represented by counsel, the judge shall appoint an attorney to represent him. Counsel so appointed shall be paid a fee of $75 and his necessary expenses. The order of the court from which the appeal is taken shall be defended by the attorney for the Commonwealth.","order_by":null,"text":{"0":{"id":272198,"text":"Any person involuntarily admitted to an inpatient facility or ordered to mandatory outpatient treatment pursuant to §§ 37.2-814 through 37.2-819 or certified as eligible for admission pursuant to § 37.2-806 shall have the right to appeal the order to the circuit court in the jurisdiction where he was involuntarily admitted or ordered to mandatory outpatient treatment or certified or where the facility to which he was admitted is located. Choice of venue shall rest with such person. The court may transfer the case upon a finding that the other forum is more convenient. The clerk of the court from which an appeal is taken shall immediately transmit the record to the clerk of the appellate court. The clerk of the circuit court shall provide written notification of the appeal to the petitioner in the case in accordance with procedures set forth in § 16.1-112. No appeal bond or writ tax shall be required, and the appeal shall proceed without the payment of costs or other fees. Costs may be recovered as provided for in § 37.2-804.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":272199,"text":"An appeal shall be filed within 10 days from the date of the order and shall be given priority over all other pending matters before the court and heard as soon as possible, notwithstanding § 19.2-241 regarding the time within which the court shall set criminal cases for trial. A petition for or the pendency of an appeal shall not suspend any order unless so ordered by a judge or special justice; however, a person may be released after a petition for or during the pendency of an appeal pursuant to § 37.2-837 or 37.2-838. If the person is released during the pendency of an appeal, the appeal shall be in accordance with the provisions set forth in §§ 37.2-844 and 37.2-846.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":272200,"text":"The appeal shall be heard de novo in accordance with the provisions set forth in §§ 37.2-802, 37.2-804, 37.2-804.1, 37.2-804.2, and 37.2-805 and (i) § 37.2-806 or (ii) §§ 37.2-814 through 37.2-819, except that the court in its discretion may rely upon the evaluation report in the commitment hearing from which the appeal is taken instead of requiring a new evaluation pursuant to § 37.2-815. Any order of the circuit court shall not extend the period of involuntary admission or mandatory outpatient treatment set forth in the order appealed from.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":272201,"text":"An order continuing the involuntary inpatient admission shall be entered only if the criteria in § 37.2-817 are met at the time the appeal is heard. An order continuing mandatory outpatient treatment shall be entered only if the criteria set forth in § 37.2-817.01 are met at the time the appeal is heard.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":272202,"text":"Upon a finding by the court that the appellant no longer meets the criteria for involuntary admission or mandatory outpatient treatment, the court shall not dismiss the Commonwealth’s petition but shall reverse the order of the district court.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":272203,"text":"The person so admitted or certified shall be entitled to trial by jury. Seven persons from a panel of 13 shall constitute a jury.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":272204,"text":"If the person is not represented by counsel, the judge shall appoint an attorney to represent him. Counsel so appointed shall be paid a fee of $75 and his necessary expenses. The order of the court from which the appeal is taken shall be defended by the attorney for the Commonwealth.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":14586,"edition_id":1,"name":"Involuntary Admissions","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":12890,"metadata":{},"date_created":"2026-06-26 03:48:47","date_modified":"2026-06-26 03:48:47","permalink":{"id":210339,"object_type":"structure","relational_id":14586,"identifier":"5","token":"37.2\/III\/8\/5","url":"\/37.2\/III\/8\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12890,"edition_id":1,"name":"Emergency Custody and Voluntary and Involuntary Civil Admissions","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12889,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210257,"object_type":"structure","relational_id":12890,"identifier":"8","token":"37.2\/III\/8","url":"\/37.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12889,"edition_id":1,"name":"Admissions and Dispositions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210255,"object_type":"structure","relational_id":12889,"identifier":"III","token":"37.2\/III","url":"\/37.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68004,"structure_id":14586,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","url":"\/37.2-814\/","token":"37.2\/III\/8\/5\/37.2-814","metadata":false},{"id":63792,"structure_id":14586,"section_number":"37.2-815","catch_line":"Commitment hearing for involuntary admission; examination required","url":"\/37.2-815\/","token":"37.2\/III\/8\/5\/37.2-815","metadata":false},{"id":83491,"structure_id":14586,"section_number":"37.2-816","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; preadmission screening report","url":"\/37.2-816\/","token":"37.2\/III\/8\/5\/37.2-816","metadata":false},{"id":61292,"structure_id":14586,"section_number":"37.2-817","catch_line":"(Effective July 1, 2026) Involuntary admission","url":"\/37.2-817\/","token":"37.2\/III\/8\/5\/37.2-817","metadata":false},{"id":71749,"structure_id":14586,"section_number":"37.2-817.01","catch_line":"Mandatory outpatient treatment","url":"\/37.2-817.01\/","token":"37.2\/III\/8\/5\/37.2-817.01","metadata":false},{"id":71942,"structure_id":14586,"section_number":"37.2-817.1","catch_line":"Monitoring and court review of mandatory outpatient treatment","url":"\/37.2-817.1\/","token":"37.2\/III\/8\/5\/37.2-817.1","metadata":false},{"id":79581,"structure_id":14586,"section_number":"37.2-817.2","catch_line":"Repealed","url":"\/37.2-817.2\/","token":"37.2\/III\/8\/5\/37.2-817.2","metadata":false},{"id":59489,"structure_id":14586,"section_number":"37.2-817.3","catch_line":"Repealed","url":"\/37.2-817.3\/","token":"37.2\/III\/8\/5\/37.2-817.3","metadata":false},{"id":61384,"structure_id":14586,"section_number":"37.2-817.4","catch_line":"Continuation of mandatory outpatient treatment order","url":"\/37.2-817.4\/","token":"37.2\/III\/8\/5\/37.2-817.4","metadata":false},{"id":56084,"structure_id":14586,"section_number":"37.2-818","catch_line":"Commitment hearing for involuntary admission; recordings and records","url":"\/37.2-818\/","token":"37.2\/III\/8\/5\/37.2-818","metadata":false},{"id":75630,"structure_id":14586,"section_number":"37.2-819","catch_line":"Order of involuntary admission or mandatory outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check","url":"\/37.2-819\/","token":"37.2\/III\/8\/5\/37.2-819","metadata":false},{"id":78780,"structure_id":14586,"section_number":"37.2-820","catch_line":"Place of hearing","url":"\/37.2-820\/","token":"37.2\/III\/8\/5\/37.2-820","metadata":false},{"id":75804,"structure_id":14586,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","url":"\/37.2-821\/","token":"37.2\/III\/8\/5\/37.2-821","metadata":false},{"id":80725,"structure_id":14586,"section_number":"37.2-822","catch_line":"Treatment of person admitted while appeal is pending","url":"\/37.2-822\/","token":"37.2\/III\/8\/5\/37.2-822","metadata":false},{"id":84332,"structure_id":14586,"section_number":"37.2-823","catch_line":"Examination of admission papers by director; examination of persons admitted","url":"\/37.2-823\/","token":"37.2\/III\/8\/5\/37.2-823","metadata":false},{"id":72891,"structure_id":14586,"section_number":"37.2-824","catch_line":"Periodic review of all persons for purposes of retention","url":"\/37.2-824\/","token":"37.2\/III\/8\/5\/37.2-824","metadata":false},{"id":80215,"structure_id":14586,"section_number":"37.2-825","catch_line":"Admission raises no presumption of legal incapacity","url":"\/37.2-825\/","token":"37.2\/III\/8\/5\/37.2-825","metadata":false},{"id":60842,"structure_id":14586,"section_number":"37.2-826","catch_line":"Disposition of nonresidents","url":"\/37.2-826\/","token":"37.2\/III\/8\/5\/37.2-826","metadata":false},{"id":73916,"structure_id":14586,"section_number":"37.2-827","catch_line":"Repealed","url":"\/37.2-827\/","token":"37.2\/III\/8\/5\/37.2-827","metadata":false},{"id":68136,"structure_id":14586,"section_number":"37.2-828","catch_line":"Receiving and maintaining federal prisoners in state facilities","url":"\/37.2-828\/","token":"37.2\/III\/8\/5\/37.2-828","metadata":false}],"previous_section":{"id":78780,"structure_id":14586,"section_number":"37.2-820","catch_line":"Place of hearing","url":"\/37.2-820\/","token":"37.2\/III\/8\/5\/37.2-820","metadata":false},"next_section":{"id":80725,"structure_id":14586,"section_number":"37.2-822","catch_line":"Treatment of person admitted while appeal is pending","url":"\/37.2-822\/","token":"37.2\/III\/8\/5\/37.2-822","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-821\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 355 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 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 10 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 1979, chapter 204; in 1980, chapter 176; in 1985, chapter 106; in 1990, chapter 274; in 2005, chapter 716<\/a>; in 2006, chapter 486<\/a>; in 2008, chapters 850<\/a> and 870<\/a>; in 2010, chapters 544<\/a> and 591<\/a>; in 2020, chapters 298<\/a> and 1175<\/a>; in 2022, chapter 763<\/a>.<\/p>","references":[{"id":81410,"section_number":"18.2-308.1:3","catch_line":"Purchase, possession, or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty","order_by":null,"url":"\/18.2-308.1_3\/"},{"id":74002,"section_number":"19.2-169.6","catch_line":"Inpatient psychiatric hospital admission from local correctional facility","order_by":null,"url":"\/19.2-169.6\/"},{"id":76381,"section_number":"32.1-48.04","catch_line":"Isolation hearing; conditions; order for isolation; right to appeal","order_by":null,"url":"\/32.1-48.04\/"},{"id":57837,"section_number":"37.2-829","catch_line":"Transportation of person in civil admission process","order_by":null,"url":"\/37.2-829\/"},{"id":67532,"section_number":"53.1-40.4","catch_line":"Appeal of order authorizing involuntary admission","order_by":null,"url":"\/53.1-40.4\/"}],"refers_to":[{"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":71478,"section_number":"19.2-241","catch_line":"Time within which court to set criminal cases for trial","order_by":null,"url":"\/19.2-241\/"},{"id":66636,"section_number":"37.2-802","catch_line":"Interpreters in admission or certification proceedings","order_by":null,"url":"\/37.2-802\/"},{"id":86844,"section_number":"37.2-804","catch_line":"Fees and expenses","order_by":null,"url":"\/37.2-804\/"},{"id":77215,"section_number":"37.2-804.1","catch_line":"Use of electronic communication","order_by":null,"url":"\/37.2-804.1\/"},{"id":57446,"section_number":"37.2-804.2","catch_line":"(Effective July 1, 2026) Disclosure of records","order_by":null,"url":"\/37.2-804.2\/"},{"id":85593,"section_number":"37.2-805","catch_line":"(Effective July 1, 2026) Voluntary admission","order_by":null,"url":"\/37.2-805\/"},{"id":56013,"section_number":"37.2-806","catch_line":"Judicial certification of eligibility for admission of persons with intellectual disability","order_by":null,"url":"\/37.2-806\/"},{"id":68004,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","order_by":null,"url":"\/37.2-814\/"},{"id":63792,"section_number":"37.2-815","catch_line":"Commitment hearing for involuntary admission; examination required","order_by":null,"url":"\/37.2-815\/"},{"id":61292,"section_number":"37.2-817","catch_line":"(Effective July 1, 2026) Involuntary admission","order_by":null,"url":"\/37.2-817\/"},{"id":71749,"section_number":"37.2-817.01","catch_line":"Mandatory outpatient treatment","order_by":null,"url":"\/37.2-817.01\/"},{"id":75630,"section_number":"37.2-819","catch_line":"Order of involuntary admission or mandatory outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check","order_by":null,"url":"\/37.2-819\/"},{"id":80976,"section_number":"37.2-837","catch_line":"Discharge from state hospitals or training centers, conditional release, and trial or home visits for individuals","order_by":null,"url":"\/37.2-837\/"},{"id":56627,"section_number":"37.2-838","catch_line":"Discharge of individuals from a licensed hospital","order_by":null,"url":"\/37.2-838\/"},{"id":70993,"section_number":"37.2-844","catch_line":"Habeas corpus as means","order_by":null,"url":"\/37.2-844\/"}],"permalink":{"id":210389,"object_type":"law","relational_id":75804,"identifier":"37.2-821","token":"37.2\/III\/8\/5\/37.2-821","url":"\/37.2-821\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-821\/","token":"37.2\/III\/8\/5\/37.2-821","dublin_core":{"Title":"Appeal of involuntary admission or certification order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-821","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person involuntarily admitted to an inpatient facility<\/span> or ordered to mandatory outpatient treatment pursuant to §§ 37.2-814<\/a> through 37.2-819<\/a> or certified as eligible for admission pursuant to § 37.2-806<\/a> shall have the right to appeal<\/span> the order<\/span> to the circuit<\/span> court<\/span> in the jurisdiction<\/span> where he was involuntarily admitted or ordered to mandatory outpatient treatment or certified or where the facility<\/span> to which he was admitted is located. Choice of venue<\/span> shall rest with such person. The court<\/span> may transfer the case upon a finding<\/span> that the other forum is more convenient. The clerk of the court<\/span> from which an appeal<\/span> is taken shall immediately transmit the record to the clerk of the appellate<\/span> court<\/span>. The clerk of the circuit<\/span> court<\/span> shall provide written notification of the appeal<\/span> to the petitioner in the case in accordance with procedures set forth in § 16.1-112<\/a>. No appeal<\/span> bond<\/span> or writ<\/span> tax shall be required, and the appeal<\/span> shall proceed without the payment of costs or other fees. Costs may be recovered as provided for in § 37.2-804<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An appeal<\/span> shall be filed within 10 days from the date of the order<\/span> and shall be given priority over all other pending matters before the court<\/span> and heard as soon as possible, notwithstanding § 19.2-241<\/a> regarding the time within which the court<\/span> shall set criminal cases for trial<\/span>. A petition<\/span> for or the pendency of an appeal<\/span> shall not suspend any order<\/span> unless so ordered by a judge<\/span> or special justice<\/span>; however, a person may be released after a petition<\/span> for or during the pendency of an appeal<\/span> pursuant to § 37.2-837<\/a> or 37.2-838<\/a>. If the person is released during the pendency of an appeal<\/span>, the appeal<\/span> shall be in accordance with the provisions set forth in §§ 37.2-844<\/a> and 37.2-846<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The appeal<\/span> shall be heard de novo<\/span> in accordance with the provisions set forth in §§ 37.2-802<\/a>, 37.2-804<\/a>, 37.2-804.1<\/a>, 37.2-804.2<\/a>, and 37.2-805<\/a> and (i) § 37.2-806<\/a> or (ii) §§ 37.2-814<\/a> through 37.2-819<\/a>, except that the court<\/span> in its discretion may rely upon the evaluation report in the commitment hearing<\/span> from which the appeal<\/span> is taken instead of requiring a new evaluation pursuant to § 37.2-815<\/a>. Any order<\/span> of the circuit<\/span> court<\/span> shall not extend the period of involuntary admission or mandatory outpatient treatment set forth in the order<\/span> appealed from. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An order<\/span> continuing the involuntary inpatient admission shall be entered only if the criteria in § 37.2-817<\/a> are met at the time the appeal<\/span> is heard. An order<\/span> continuing mandatory outpatient treatment shall be entered only if the criteria set forth in § 37.2-817.01<\/a> are met at the time the appeal<\/span> is heard. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon a finding<\/span> by the court<\/span> that the appellant<\/span> no longer meets the criteria for involuntary admission or mandatory outpatient treatment, the court<\/span> shall not dismiss the Commonwealth’s petition<\/span> but shall reverse<\/span> the order<\/span> of the district court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The person so admitted or certified shall be entitled to trial<\/span> by jury<\/span>. Seven persons from a panel<\/span> of 13 shall constitute a jury<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If the person is not represented by counsel<\/span>, the judge<\/span> shall appoint an attorney to represent him. Counsel<\/span> so appointed shall be paid a fee of $75 and his necessary expenses. The order<\/span> of the court<\/span> from which the appeal<\/span> is taken shall be defended by the attorney for the Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL OF INVOLUNTARY ADMISSION OR CERTIFICATION ORDER (\u00a7 37.2-821)\n\nA. Any person involuntarily admitted to an inpatient facility or ordered to\nmandatory outpatient treatment pursuant to §§ 37.2-814 through\n37.2-819 or certified as eligible for admission pursuant to § 37.2-806\nshall have the right to appeal the order to the circuit court in the\njurisdiction where he was involuntarily admitted or ordered to mandatory\noutpatient treatment or certified or where the facility to which he was admitted\nis located. Choice of venue shall rest with such person. The court may transfer\nthe case upon a finding that the other forum is more convenient. The clerk of\nthe court from which an appeal is taken shall immediately transmit the record to\nthe clerk of the appellate court. The clerk of the circuit court shall provide\nwritten notification of the appeal to the petitioner in the case in accordance\nwith procedures set forth in § 16.1-112. No appeal bond or writ tax shall\nbe required, and the appeal shall proceed without the payment of costs or other\nfees. Costs may be recovered as provided for in § 37.2-804.\n\nB. An appeal shall be filed within 10 days from the date of the order and shall\nbe given priority over all other pending matters before the court and heard as\nsoon as possible, notwithstanding § 19.2-241 regarding the time within\nwhich the court shall set criminal cases for trial. A petition for or the\npendency of an appeal shall not suspend any order unless so ordered by a judge\nor special justice; however, a person may be released after a petition for or\nduring the pendency of an appeal pursuant to § 37.2-837 or 37.2-838. If the\nperson is released during the pendency of an appeal, the appeal shall be in\naccordance with the provisions set forth in §§ 37.2-844 and 37.2-846.\n\nC. The appeal shall be heard de novo in accordance with the provisions set forth\nin §§ 37.2-802, 37.2-804, 37.2-804.1, 37.2-804.2, and 37.2-805 and (i)\n§ 37.2-806 or (ii) §§ 37.2-814 through 37.2-819, except that the\ncourt in its discretion may rely upon the evaluation report in the commitment\nhearing from which the appeal is taken instead of requiring a new evaluation\npursuant to § 37.2-815. Any order of the circuit court shall not extend the\nperiod of involuntary admission or mandatory outpatient treatment set forth in\nthe order appealed from.\n\nD. An order continuing the involuntary inpatient admission shall be entered only\nif the criteria in § 37.2-817 are met at the time the appeal is heard. An\norder continuing mandatory outpatient treatment shall be entered only if the\ncriteria set forth in § 37.2-817.01 are met at the time the appeal is\nheard.\n\nE. Upon a finding by the court that the appellant no longer meets the criteria\nfor involuntary admission or mandatory outpatient treatment, the court shall not\ndismiss the Commonwealth’s petition but shall reverse the order of the\ndistrict court.\n\nF. The person so admitted or certified shall be entitled to trial by jury. Seven\npersons from a panel of 13 shall constitute a jury.\n\nG. If the person is not represented by counsel, the judge shall appoint an\nattorney to represent him. Counsel so appointed shall be paid a fee of $75 and\nhis necessary expenses. The order of the court from which the appeal is taken\nshall be defended by the attorney for the Commonwealth.\n\nHISTORY: 1977, c. 355, \u00a7 37.1-67.6; 1979, c. 204; 1980, c. 176; 1985, c. 106;\n1990, c. 274; 2005, c. 716; 2006, c. 486; 2008, cc. 850, 870; 2010, cc. 544,\n591; 2020, cc. 298, 1175; 2022, c. 763.","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}}