{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-129.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-129.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-129.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-129.html"}],"law_id":69380,"edition_id":1,"section_id":69380,"structure_id":14682,"section_number":"8.01-129","catch_line":"Appeal from judgment of general district court","history":"Code 1950, \u00a7 8-794; 1950, p. 68; 1977, c. 617; 1984, c. 565; 1998, c. 750; 2004, c. 343; 2008, c. 489; 2017, c. 481; 2018, c. 145; 2019, cc. 180, 700.","full_text":"A\n\nAn appeal shall lie from the judgment of a general district court, in any proceeding under this article, to the circuit court in the same manner and with like effect and upon like security as appeals taken under the provisions of § 16.1-106 et seq. except as specifically provided in this section. The appeal shall be taken within 10 days and the security approved by the court from which the appeal is taken. Notwithstanding the provisions of § 16.1-106 et seq., the bond shall be posted and the writ tax paid within 10 days of the date of the judgment.B\n\nIn any unlawful detainer case filed under § 8.01-126, if a judge grants the plaintiff a judgment for possession of the premises, upon request of the plaintiff, the judge shall further order that the writ of eviction issue immediately upon entry of judgment for possession. In such case, the clerk shall deliver the writ of eviction to the sheriff, who shall then, at least 72 hours prior to execution of such writ, serve notice of intent to execute the writ, including the date and time of eviction, as provided in § 8.01-470. In no case, however, shall the sheriff evict the defendant from the dwelling unit prior to the expiration of the defendant’s 10-day appeal period. If the defendant perfects an appeal, the sheriff shall return the writ to the clerk who issued it.\n\t\t\tWhen the appeal is taken by the defendant, he shall be required to give security also for all rent which has accrued and may accrue upon the premises, but for not more than one year’s rent, and also for all damages that have accrued or may accrue from the unlawful use and occupation of the premises for a period not exceeding three months. Trial by jury shall be had upon application of any party.","order_by":null,"text":{"0":{"id":250929,"text":"An appeal shall lie from the judgment of a general district court, in any proceeding under this article, to the circuit court in the same manner and with like effect and upon like security as appeals taken under the provisions of § 16.1-106 et seq. except as specifically provided in this section. The appeal shall be taken within 10 days and the security approved by the court from which the appeal is taken. Notwithstanding the provisions of § 16.1-106 et seq., the bond shall be posted and the writ tax paid within 10 days of the date of the judgment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250930,"text":"In any unlawful detainer case filed under § 8.01-126, if a judge grants the plaintiff a judgment for possession of the premises, upon request of the plaintiff, the judge shall further order that the writ of eviction issue immediately upon entry of judgment for possession. In such case, the clerk shall deliver the writ of eviction to the sheriff, who shall then, at least 72 hours prior to execution of such writ, serve notice of intent to execute the writ, including the date and time of eviction, as provided in § 8.01-470. In no case, however, shall the sheriff evict the defendant from the dwelling unit prior to the expiration of the defendant’s 10-day appeal period. If the defendant perfects an appeal, the sheriff shall return the writ to the clerk who issued it.\n\t\t\tWhen the appeal is taken by the defendant, he shall be required to give security also for all rent which has accrued and may accrue upon the premises, but for not more than one year’s rent, and also for all damages that have accrued or may accrue from the unlawful use and occupation of the premises for a period not exceeding three months. Trial by jury shall be had upon application of any party.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14682,"edition_id":1,"name":"Unlawful Entry and Detainer","identifier":"13","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:49:19","date_modified":"2026-06-26 03:49:19","permalink":{"id":279773,"object_type":"structure","relational_id":14682,"identifier":"13","token":"8.01\/3\/13","url":"\/8.01\/3\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80335,"structure_id":14682,"section_number":"8.01-124","catch_line":"Motion for judgment in circuit court for unlawful entry or detainer","url":"\/8.01-124\/","token":"8.01\/3\/13\/8.01-124","metadata":false},{"id":59353,"structure_id":14682,"section_number":"8.01-125","catch_line":"When summons returnable to circuit court; jury","url":"\/8.01-125\/","token":"8.01\/3\/13\/8.01-125","metadata":false},{"id":56320,"structure_id":14682,"section_number":"8.01-126","catch_line":"Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court","url":"\/8.01-126\/","token":"8.01\/3\/13\/8.01-126","metadata":false},{"id":65750,"structure_id":14682,"section_number":"8.01-127","catch_line":"Repealed","url":"\/8.01-127\/","token":"8.01\/3\/13\/8.01-127","metadata":false},{"id":75626,"structure_id":14682,"section_number":"8.01-128","catch_line":"Verdict and judgment; damages","url":"\/8.01-128\/","token":"8.01\/3\/13\/8.01-128","metadata":false},{"id":69380,"structure_id":14682,"section_number":"8.01-129","catch_line":"Appeal from judgment of general district court","url":"\/8.01-129\/","token":"8.01\/3\/13\/8.01-129","metadata":false},{"id":72865,"structure_id":14682,"section_number":"8.01-130","catch_line":"Judgment not to bar action of trespass, ejectment, or unlawful detainer","url":"\/8.01-130\/","token":"8.01\/3\/13\/8.01-130","metadata":false},{"id":56305,"structure_id":14682,"section_number":"8.01-130.01","catch_line":"Unlawful detainer; expungement","url":"\/8.01-130.01\/","token":"8.01\/3\/13\/8.01-130.01","metadata":false}],"previous_section":{"id":75626,"structure_id":14682,"section_number":"8.01-128","catch_line":"Verdict and judgment; damages","url":"\/8.01-128\/","token":"8.01\/3\/13\/8.01-128","metadata":false},"next_section":{"id":72865,"structure_id":14682,"section_number":"8.01-130","catch_line":"Judgment not to bar action of trespass, ejectment, or unlawful detainer","url":"\/8.01-130\/","token":"8.01\/3\/13\/8.01-130","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-129\/","history_text":"

The record of this law\u2019s original creation isn\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 617; in 1984, chapter 565; in 1998, chapter 750<\/a>; in 2004, chapter 343<\/a>; in 2008, chapter 489<\/a>; in 2017, chapter 481<\/a>; in 2018, chapter 145<\/a>; in 2019, chapters 180<\/a> and 700<\/a>.<\/p>","references":[{"id":55864,"section_number":"16.1-107","catch_line":"Requirements for appeal","order_by":null,"url":"\/16.1-107\/"}],"refers_to":[{"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":56320,"section_number":"8.01-126","catch_line":"Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court","order_by":null,"url":"\/8.01-126\/"},{"id":67287,"section_number":"8.01-470","catch_line":"Writs on judgments for specific property","order_by":null,"url":"\/8.01-470\/"}],"permalink":{"id":279795,"object_type":"law","relational_id":69380,"identifier":"8.01-129","token":"8.01\/3\/13\/8.01-129","url":"\/8.01-129\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-129\/","token":"8.01\/3\/13\/8.01-129","dublin_core":{"Title":"Appeal from judgment of general district court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-129","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An appeal<\/span> shall lie from the judgment<\/span> of a general district court<\/span>, in any proceeding under this article, to the circuit<\/span> court<\/span> in the same manner and with like effect and upon like security as appeals<\/span> taken under the provisions of § 16.1-106<\/a> et seq. except as specifically provided in this section. The appeal<\/span> shall be taken within 10 days and the security approved by the court<\/span> from which the appeal<\/span> is taken. Notwithstanding the provisions of § 16.1-106<\/a> et seq., the bond<\/span> shall be posted and the writ<\/span> tax paid within 10 days of the date of the judgment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any unlawful detainer<\/span> case filed under § 8.01-126<\/a>, if a judge<\/span> grants the plaintiff<\/span> a judgment<\/span> for possession<\/span> of the premises, upon request of the plaintiff<\/span>, the judge<\/span> shall further order<\/span> that the writ<\/span> of eviction issue<\/span> immediately upon entry of judgment<\/span> for possession<\/span>. In such case, the clerk shall deliver the writ<\/span> of eviction to the sheriff<\/span>, who shall then, at least 72 hours prior to execution of such writ<\/span>, serve notice of intent<\/span> to execute the writ<\/span>, including the date and time of eviction, as provided in § 8.01-470<\/a>. In no case, however, shall the sheriff<\/span> evict the defendant<\/span> from the dwelling unit prior to the expiration of the defendant<\/span>’s 10-day appeal<\/span> period. If the defendant<\/span> perfects an appeal<\/span>, the sheriff<\/span> shall return the writ<\/span> to the clerk who issued it.\n\t\t\tWhen the appeal<\/span> is taken by the defendant<\/span>, he shall be required to give security also for all rent which has accrued and may accrue upon the premises, but for not more than one year’s rent, and also for all damages<\/span> that have accrued or may accrue from the unlawful use and occupation of the premises for a period not exceeding three months. Trial<\/span> by jury<\/span> shall be had upon application of any party<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL FROM JUDGMENT OF GENERAL DISTRICT COURT (\u00a7 8.01-129)\n\nA. An appeal shall lie from the judgment of a general district court, in any\nproceeding under this article, to the circuit court in the same manner and with\nlike effect and upon like security as appeals taken under the provisions of\n§ 16.1-106 et seq. except as specifically provided in this section. The\nappeal shall be taken within 10 days and the security approved by the court from\nwhich the appeal is taken. Notwithstanding the provisions of § 16.1-106 et\nseq., the bond shall be posted and the writ tax paid within 10 days of the date\nof the judgment.\n\nB. In any unlawful detainer case filed under § 8.01-126, if a judge grants\nthe plaintiff a judgment for possession of the premises, upon request of the\nplaintiff, the judge shall further order that the writ of eviction issue\nimmediately upon entry of judgment for possession. In such case, the clerk shall\ndeliver the writ of eviction to the sheriff, who shall then, at least 72 hours\nprior to execution of such writ, serve notice of intent to execute the writ,\nincluding the date and time of eviction, as provided in § 8.01-470. In no\ncase, however, shall the sheriff evict the defendant from the dwelling unit\nprior to the expiration of the defendant’s 10-day appeal period. If the\ndefendant perfects an appeal, the sheriff shall return the writ to the clerk who\nissued it.\n\t\t\tWhen the appeal is taken by the defendant, he shall be required to give\nsecurity also for all rent which has accrued and may accrue upon the premises,\nbut for not more than one year’s rent, and also for all damages that have\naccrued or may accrue from the unlawful use and occupation of the premises for a\nperiod not exceeding three months. Trial by jury shall be had upon application\nof any party.\n\nHISTORY: Code 1950, \u00a7 8-794; 1950, p. 68; 1977, c. 617; 1984, c. 565; 1998, c.\n750; 2004, c. 343; 2008, c. 489; 2017, c. 481; 2018, c. 145; 2019, cc. 180, 700.","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}}