{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-676.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-676.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-676.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-676.1.html"}],"law_id":54488,"edition_id":1,"section_id":54488,"structure_id":13521,"section_number":"8.01-676.1","catch_line":"Security for appeal","history":"1984, c. 703; 1986, c. 89; 1987, cc. 460, 684; 1988, c. 883; 1996, c. 77; 2000, c. 100; 2004, cc. 328, 356; 2010, c. 494; 2012, cc. 8, 77; 2016, c. 178; 2021, Sp. Sess. I, c. 489; 2022, c. 714.","full_text":"A\n\nSecurity for costs of appeal of right to Court of Appeals in civil cases. — A party filing a notice of an appeal of right to the Court of Appeals in a civil case shall simultaneously file an appeal bond or irrevocable letter of credit in the penalty of $500, or such sum as the trial court may require, subject to subsection E, conditioned upon paying all costs and fees incurred in the Court of Appeals and the Supreme Court if it takes cognizance of the claim. If the appellant wishes suspension of execution in a civil appeal, the security shall also be conditioned and shall be in such sum as the trial court may require as provided in subsection C.A1\n\nSecurity for costs or suspension in criminal cases. — An appeal bond or letter of credit is not required in criminal appeals as security for costs. A suspension bond is not required in criminal appeals.B\n\nSecurity for costs on petition for appeal to Court of Appeals or Supreme Court. — An appellant whose petition for appeal is granted by the Court of Appeals or the Supreme Court shall (if he has not done so) within 15 days from the date of the Certificate of Appeal file an appeal bond or irrevocable letter of credit in the same penalty as provided in subsection A, conditioned on the payment of all damages, costs, and fees incurred in the Court of Appeals and in the Supreme Court.C\n\nSecurity for suspension of execution. — An appellant who wishes execution of the judgment or award from which an appeal is sought to be suspended during the appeal shall, subject to the provisions of subsection J, file a suspending bond or irrevocable letter of credit conditioned upon the performance or satisfaction of the judgment and payment of all damages incurred in consequence of such suspension, and except as provided in subsection D, execution shall be suspended upon the filing of such security and the timely prosecution of such appeal. Such security shall be continuing and additional security shall not be necessary except as to any additional amount that may be added or to any additional requirement that may be imposed by the courts.D\n\nSuspension of execution in decrees for support and custody; injunctions. — The court from which an appeal is sought may refuse to suspend the execution of decrees for support and custody, and may also refuse suspension when a judgment refuses, grants, modifies, or dissolves an injunction.E\n\nIncrease or decrease in penalty or other modification of security.1\n\nThe trial court or commission may, upon the motion of any party (i) for good cause shown, modify the terms of the security for the appeal or of the security for the suspension of execution of a judgment and (ii) resolve any objection to the form or issuer of a bond or letter of credit at any time until the Court of Appeals or the Supreme Court acts upon any similar motion. Any party aggrieved by the decision of the trial court or commission may request a review of such decision by the appellate court before which the case is pending.2\n\nThe Court of Appeals or the Supreme Court may order that the penalty or any other terms or requirements of the security for the appeal or of the security for the suspension of execution of a judgment be modified for good cause shown (i) upon the motion of any party or (ii) if such request is made in the brief of any party filed in the Court of Appeals, or in the Petition for Appeal or the appellee’s Brief in Opposition filed in the Supreme Court or the Court of Appeals.3\n\nAffidavits and counter-affidavits may be filed by the parties containing facts pertinent to such request. Any increase or decrease in the amount of or other modification of the security so ordered shall be effected in the clerk’s office of the trial court within 15 days of the order of the trial court, the Court of Appeals, or the Supreme Court.4\n\nIf an increase so ordered is not effected within 15 days, the appeal shall be dismissed, in the case of the security required under subsection A or B, or the suspension of execution of a judgment shall be discontinued, in the case of the security required under subsection C.F\n\nBy whom executed. — Each bond filed shall be executed by a party or another on his behalf, and by surety approved by the clerk of the court from which appeal is sought, or by the clerk of the Supreme Court or the clerk of the Court of Appeals if the bond is ordered by such Court. Any letter of credit posted as security for an appeal shall be in a form acceptable to the clerk of the court from which appeal is sought, or by the clerk of the Supreme Court or the Court of Appeals if the security is ordered by such court. The letter of credit shall be from a bank incorporated or authorized to conduct banking business under the laws of this Commonwealth or authorized to do business in this Commonwealth under the banking laws of the United States, or a federally insured savings institution located in this Commonwealth.G\n\nAppeal from State Corporation Commission; security for costs. — When an appeal of right is entered from the State Corporation Commission to the Supreme Court, and no suspension of the order, judgment, or decree appealed from is requested, such appeal bond or letter of credit shall be filed when and in the amount required by the clerk of the Supreme Court, whose action shall be subject to review by the Supreme Court.H\n\nAppeal from State Corporation Commission; suspension. — Any judgment, order, or decree of the State Corporation Commission subject to appeal to the Supreme Court may be suspended by the Commission or by the Supreme Court pending decision of the appeal if the Commission or the Supreme Court deems such suspension necessary for the proper administration of justice but only upon the written application of an appellant after reasonable notice to all other parties in interest and the filing of a suspending bond or irrevocable letter of credit with such conditions, in such penalty, and with such surety thereon as the Commission or the Supreme Court may deem sufficient. But no surety shall be required if the appellant is any county, city or town of this Commonwealth, or the Commonwealth.I\n\nForms of bonds; letters of credit; where filed. — The Clerk of the Supreme Court shall prescribe separate forms for bonds, one for costs alone, one for suspension of execution, and one for both and a form for irrevocable letters of credit, to which the bond or bonds or irrevocable letters of credit given shall substantially conform. The forms for each bond and the letter of credit shall be published in the Rules of Court. It shall be sufficient if the bond or letter of credit, when executed as required, is filed with the trial court, clerk of the Virginia Workers’ Compensation Commission, or the clerk of the State Corporation Commission, whichever is applicable, and no personal appearance in the trial court, Virginia Workers’ Compensation Commission, or State Corporation Commission by the principal, the surety on the bond or the bank issuing the letter of credit shall be required as a condition precedent to its filing.J\n\nIn any civil litigation under any legal theory, the amount of the suspending bond or irrevocable letter of credit to be furnished during the pendency of all appeals or discretionary reviews of any judgment granting legal, equitable, or any other form of relief in order to stay the execution thereon during the entire course of appellate review by any courts shall be set in accordance with applicable laws or court rules, and the amount of the suspending bond or irrevocable letter of credit shall include an amount equivalent to one year’s interest calculated from the date of the notice of appeal in accordance with § 8.01-682. However, the total suspending bond or irrevocable letter of credit that is required of an appellant and all of its affiliates shall not exceed $25 million, regardless of the value of the judgment.K\n\nDissipation of assets. — If the appellee proves by a preponderance of the evidence that a party bringing an appeal, for whom the suspending bond or irrevocable letter of credit requirement has been limited or waived, is purposefully dissipating its assets or diverting assets outside the jurisdiction of the United States courts for the purpose of evading the judgment, the limitation or waiver shall be rescinded and a court may require the appellant to post a suspending bond or irrevocable letter of credit in an amount up to the full amount of the judgment. Dissipation of assets shall not include those ongoing expenditures made from assets of the kind that the appellant made in the regular course of business prior to the judgment being appealed, such as the payment of stock dividends and other financial incentives to the shareholders of publicly owned companies, continued participation in charitable and civic activities, and other expenditures consistent with the exercise of good business judgment.L\n\nFor good cause shown, a court may otherwise waive the filing of a suspending bond or irrevocable letter of credit as to the damages in excess of, or other than, the compensatory damages. Subject to the provisions of subsection K, the parties may agree to waive the requirement of a suspending bond or irrevocable letter of credit or agree to a suspending bond or irrevocable letter of credit in an amount less than the compensatory damages.M\n\nExemption. — When an appeal is proper to protect the estate of a decedent or person under disability, or to protect the interest of the Commonwealth or any county, city, or town of this Commonwealth, no security for appeal shall be required.N\n\nIndigents. — No person who is an indigent shall be required to post security for an appeal bond.O\n\nVirginia Workers’ Compensation Commission. — No claimant who files an appeal from a final decision of the Virginia Workers’ Compensation Commission with the Court of Appeals shall be required to post security for costs as provided in subsection A if such claimant has not returned to his employment or by reason of his disability is unemployed. Such claimant shall file an affidavit describing his disability and employment status with the Court of Appeals together with a motion to waive the filing of the security under subsection A.P\n\nTime for filing security for appeal. — The appeal bond or letter of credit prescribed in subsections A and B is not jurisdictional and the time for filing such security in cases before the Court of Appeals or the Supreme Court may be extended by a judge or justice of the court before which the case is pending on motion for good cause shown. The effect of failing to perfect an appeal bond shall be governed by the Rules of Supreme Court of Virginia.Q\n\nConsideration of appeal bond, suspending bond, or letter of credit by Court of Appeals or Supreme Court. — A determination on an issue affecting an appeal bond, suspending bond, or letter of credit in a case before the Court of Appeals or the Supreme Court may be considered by an individual judge of such court rather than by a panel of judges.R\n\nThis section applies to injunction bonds required pursuant to § 8.01-631.S\n\nIn accordance with § 1-205, if the party required to post an appeal or suspending bond tenders such bond together with cash in the full amount required by this section to the clerk specified in this section, no surety shall be required.","order_by":null,"text":{"0":{"id":200066,"text":"Security for costs of appeal of right to Court of Appeals in civil cases. — A party filing a notice of an appeal of right to the Court of Appeals in a civil case shall simultaneously file an appeal bond or irrevocable letter of credit in the penalty of $500, or such sum as the trial court may require, subject to subsection E, conditioned upon paying all costs and fees incurred in the Court of Appeals and the Supreme Court if it takes cognizance of the claim. If the appellant wishes suspension of execution in a civil appeal, the security shall also be conditioned and shall be in such sum as the trial court may require as provided in subsection C.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":200067,"text":"Security for costs or suspension in criminal cases. — An appeal bond or letter of credit is not required in criminal appeals as security for costs. A suspension bond is not required in criminal appeals.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A","next_prefix":"B"},"2":{"id":200068,"text":"Security for costs on petition for appeal to Court of Appeals or Supreme Court. — An appellant whose petition for appeal is granted by the Court of Appeals or the Supreme Court shall (if he has not done so) within 15 days from the date of the Certificate of Appeal file an appeal bond or irrevocable letter of credit in the same penalty as provided in subsection A, conditioned on the payment of all damages, costs, and fees incurred in the Court of Appeals and in the Supreme Court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A1","next_prefix":"C"},"3":{"id":200069,"text":"Security for suspension of execution. — An appellant who wishes execution of the judgment or award from which an appeal is sought to be suspended during the appeal shall, subject to the provisions of subsection J, file a suspending bond or irrevocable letter of credit conditioned upon the performance or satisfaction of the judgment and payment of all damages incurred in consequence of such suspension, and except as provided in subsection D, execution shall be suspended upon the filing of such security and the timely prosecution of such appeal. Such security shall be continuing and additional security shall not be necessary except as to any additional amount that may be added or to any additional requirement that may be imposed by the courts.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"4":{"id":200070,"text":"Suspension of execution in decrees for support and custody; injunctions. — The court from which an appeal is sought may refuse to suspend the execution of decrees for support and custody, and may also refuse suspension when a judgment refuses, grants, modifies, or dissolves an injunction.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"5":{"id":200071,"text":"Increase or decrease in penalty or other modification of security.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"6":{"id":200072,"text":"The trial court or commission may, upon the motion of any party (i) for good cause shown, modify the terms of the security for the appeal or of the security for the suspension of execution of a judgment and (ii) resolve any objection to the form or issuer of a bond or letter of credit at any time until the Court of Appeals or the Supreme Court acts upon any similar motion. Any party aggrieved by the decision of the trial court or commission may request a review of such decision by the appellate court before which the case is pending.","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"7":{"id":200073,"text":"The Court of Appeals or the Supreme Court may order that the penalty or any other terms or requirements of the security for the appeal or of the security for the suspension of execution of a judgment be modified for good cause shown (i) upon the motion of any party or (ii) if such request is made in the brief of any party filed in the Court of Appeals, or in the Petition for Appeal or the appellee’s Brief in Opposition filed in the Supreme Court or the Court of Appeals.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"8":{"id":200074,"text":"Affidavits and counter-affidavits may be filed by the parties containing facts pertinent to such request. Any increase or decrease in the amount of or other modification of the security so ordered shall be effected in the clerk’s office of the trial court within 15 days of the order of the trial court, the Court of Appeals, or the Supreme Court.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"9":{"id":200075,"text":"If an increase so ordered is not effected within 15 days, the appeal shall be dismissed, in the case of the security required under subsection A or B, or the suspension of execution of a judgment shall be discontinued, in the case of the security required under subsection C.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"F"},"10":{"id":200076,"text":"By whom executed. — Each bond filed shall be executed by a party or another on his behalf, and by surety approved by the clerk of the court from which appeal is sought, or by the clerk of the Supreme Court or the clerk of the Court of Appeals if the bond is ordered by such Court. Any letter of credit posted as security for an appeal shall be in a form acceptable to the clerk of the court from which appeal is sought, or by the clerk of the Supreme Court or the Court of Appeals if the security is ordered by such court. The letter of credit shall be from a bank incorporated or authorized to conduct banking business under the laws of this Commonwealth or authorized to do business in this Commonwealth under the banking laws of the United States, or a federally insured savings institution located in this Commonwealth.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E4","next_prefix":"G"},"11":{"id":200077,"text":"Appeal from State Corporation Commission; security for costs. — When an appeal of right is entered from the State Corporation Commission to the Supreme Court, and no suspension of the order, judgment, or decree appealed from is requested, such appeal bond or letter of credit shall be filed when and in the amount required by the clerk of the Supreme Court, whose action shall be subject to review by the Supreme Court.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"12":{"id":200078,"text":"Appeal from State Corporation Commission; suspension. — Any judgment, order, or decree of the State Corporation Commission subject to appeal to the Supreme Court may be suspended by the Commission or by the Supreme Court pending decision of the appeal if the Commission or the Supreme Court deems such suspension necessary for the proper administration of justice but only upon the written application of an appellant after reasonable notice to all other parties in interest and the filing of a suspending bond or irrevocable letter of credit with such conditions, in such penalty, and with such surety thereon as the Commission or the Supreme Court may deem sufficient. But no surety shall be required if the appellant is any county, city or town of this Commonwealth, or the Commonwealth.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"13":{"id":200079,"text":"Forms of bonds; letters of credit; where filed. — The Clerk of the Supreme Court shall prescribe separate forms for bonds, one for costs alone, one for suspension of execution, and one for both and a form for irrevocable letters of credit, to which the bond or bonds or irrevocable letters of credit given shall substantially conform. The forms for each bond and the letter of credit shall be published in the Rules of Court. It shall be sufficient if the bond or letter of credit, when executed as required, is filed with the trial court, clerk of the Virginia Workers’ Compensation Commission, or the clerk of the State Corporation Commission, whichever is applicable, and no personal appearance in the trial court, Virginia Workers’ Compensation Commission, or State Corporation Commission by the principal, the surety on the bond or the bank issuing the letter of credit shall be required as a condition precedent to its filing.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"14":{"id":200080,"text":"In any civil litigation under any legal theory, the amount of the suspending bond or irrevocable letter of credit to be furnished during the pendency of all appeals or discretionary reviews of any judgment granting legal, equitable, or any other form of relief in order to stay the execution thereon during the entire course of appellate review by any courts shall be set in accordance with applicable laws or court rules, and the amount of the suspending bond or irrevocable letter of credit shall include an amount equivalent to one year’s interest calculated from the date of the notice of appeal in accordance with § 8.01-682. However, the total suspending bond or irrevocable letter of credit that is required of an appellant and all of its affiliates shall not exceed $25 million, regardless of the value of the judgment.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"15":{"id":200081,"text":"Dissipation of assets. — If the appellee proves by a preponderance of the evidence that a party bringing an appeal, for whom the suspending bond or irrevocable letter of credit requirement has been limited or waived, is purposefully dissipating its assets or diverting assets outside the jurisdiction of the United States courts for the purpose of evading the judgment, the limitation or waiver shall be rescinded and a court may require the appellant to post a suspending bond or irrevocable letter of credit in an amount up to the full amount of the judgment. Dissipation of assets shall not include those ongoing expenditures made from assets of the kind that the appellant made in the regular course of business prior to the judgment being appealed, such as the payment of stock dividends and other financial incentives to the shareholders of publicly owned companies, continued participation in charitable and civic activities, and other expenditures consistent with the exercise of good business judgment.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"16":{"id":200082,"text":"For good cause shown, a court may otherwise waive the filing of a suspending bond or irrevocable letter of credit as to the damages in excess of, or other than, the compensatory damages. Subject to the provisions of subsection K, the parties may agree to waive the requirement of a suspending bond or irrevocable letter of credit or agree to a suspending bond or irrevocable letter of credit in an amount less than the compensatory damages.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"17":{"id":200083,"text":"Exemption. — When an appeal is proper to protect the estate of a decedent or person under disability, or to protect the interest of the Commonwealth or any county, city, or town of this Commonwealth, no security for appeal shall be required.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"18":{"id":200084,"text":"Indigents. — No person who is an indigent shall be required to post security for an appeal bond.","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M","next_prefix":"O"},"19":{"id":200085,"text":"Virginia Workers’ Compensation Commission. — No claimant who files an appeal from a final decision of the Virginia Workers’ Compensation Commission with the Court of Appeals shall be required to post security for costs as provided in subsection A if such claimant has not returned to his employment or by reason of his disability is unemployed. Such claimant shall file an affidavit describing his disability and employment status with the Court of Appeals together with a motion to waive the filing of the security under subsection A.","type":"section","prefixes":["O"],"prefix":"O","entire_prefix":"O","prefix_anchor":"O","level":1,"prior_prefix":"N","next_prefix":"P"},"20":{"id":200086,"text":"Time for filing security for appeal. — The appeal bond or letter of credit prescribed in subsections A and B is not jurisdictional and the time for filing such security in cases before the Court of Appeals or the Supreme Court may be extended by a judge or justice of the court before which the case is pending on motion for good cause shown. The effect of failing to perfect an appeal bond shall be governed by the Rules of Supreme Court of Virginia.","type":"section","prefixes":["P"],"prefix":"P","entire_prefix":"P","prefix_anchor":"P","level":1,"prior_prefix":"O","next_prefix":"Q"},"21":{"id":200087,"text":"Consideration of appeal bond, suspending bond, or letter of credit by Court of Appeals or Supreme Court. — A determination on an issue affecting an appeal bond, suspending bond, or letter of credit in a case before the Court of Appeals or the Supreme Court may be considered by an individual judge of such court rather than by a panel of judges.","type":"section","prefixes":["Q"],"prefix":"Q","entire_prefix":"Q","prefix_anchor":"Q","level":1,"prior_prefix":"P","next_prefix":"R"},"22":{"id":200088,"text":"This section applies to injunction bonds required pursuant to § 8.01-631.","type":"section","prefixes":["R"],"prefix":"R","entire_prefix":"R","prefix_anchor":"R","level":1,"prior_prefix":"Q","next_prefix":"S"},"23":{"id":200089,"text":"In accordance with § 1-205, if the party required to post an appeal or suspending bond tenders such bond together with cash in the full amount required by this section to the clerk specified in this section, no surety shall be required.","type":"section","prefixes":["S"],"prefix":"S","entire_prefix":"S","prefix_anchor":"S","level":1,"prior_prefix":"R"}},"ancestry":[{"id":13521,"edition_id":1,"name":"Appeal Bond","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13520,"metadata":{},"date_created":"2026-06-26 03:45:07","date_modified":"2026-06-26 03:45:07","permalink":{"id":279529,"object_type":"structure","relational_id":13521,"identifier":"1","token":"8.01\/26.2\/1","url":"\/8.01\/26.2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13520,"edition_id":1,"name":"Appeals Generally","identifier":"26.2","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:45:07","date_modified":"2026-06-26 03:45:07","permalink":{"id":279527,"object_type":"structure","relational_id":13520,"identifier":"26.2","token":"8.01\/26.2","url":"\/8.01\/26.2\/","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":74124,"structure_id":13521,"section_number":"8.01-676","catch_line":"Repealed","url":"\/8.01-676\/","token":"8.01\/26.2\/1\/8.01-676","metadata":false},{"id":54488,"structure_id":13521,"section_number":"8.01-676.1","catch_line":"Security for appeal","url":"\/8.01-676.1\/","token":"8.01\/26.2\/1\/8.01-676.1","metadata":false}],"previous_section":{"id":74124,"structure_id":13521,"section_number":"8.01-676","catch_line":"Repealed","url":"\/8.01-676\/","token":"8.01\/26.2\/1\/8.01-676","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-676.1\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 703 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 1984 \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 1986, chapter 89; in 1987, chapters 460 and 684; in 1988, chapter 883; in 1996, chapter 77<\/a>; in 2000, chapter 100<\/a>; in 2004, chapters 328<\/a> and 356<\/a>; in 2010, chapter 494<\/a>; in 2012, chapters 8<\/a> and 77<\/a>; in 2016, chapter 178<\/a>; in 2022, chapter 714<\/a>.<\/p>","references":[{"id":67515,"section_number":"12.1-39","catch_line":"Appeals generally","order_by":null,"url":"\/12.1-39\/"},{"id":59090,"section_number":"32.1-102.6","catch_line":"Administrative procedures","order_by":null,"url":"\/32.1-102.6\/"},{"id":79871,"section_number":"4.1-227","catch_line":"Suspension or revocation of licenses; notice and hearings; imposition of penalties","order_by":null,"url":"\/4.1-227\/"},{"id":86172,"section_number":"8.01-465.4","catch_line":"Stay of enforcement","order_by":null,"url":"\/8.01-465.4\/"},{"id":59702,"section_number":"8.01-555","catch_line":"When appeal bond given property to be delivered to owner","order_by":null,"url":"\/8.01-555\/"}],"refers_to":[{"id":86965,"section_number":"1-205","catch_line":"Bond with surety","order_by":null,"url":"\/1-205\/"},{"id":62797,"section_number":"8.01-682","catch_line":"What damages awarded appellee","order_by":null,"url":"\/8.01-682\/"}],"permalink":{"id":279535,"object_type":"law","relational_id":54488,"identifier":"8.01-676.1","token":"8.01\/26.2\/1\/8.01-676.1","url":"\/8.01-676.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-676.1\/","token":"8.01\/26.2\/1\/8.01-676.1","dublin_core":{"Title":"Security for appeal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-676.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Security for costs of appeal<\/span> of right to Court<\/span> of Appeals<\/span> in civil cases. — A party<\/span> filing a notice of an appeal<\/span> of right to the Court<\/span> of Appeals<\/span> in a civil case shall simultaneously file an appeal<\/span> bond<\/span> or irrevocable letter of credit in the penalty<\/span> of $500, or such sum as the trial<\/span> court<\/span> may require, subject to subsection E, conditioned upon paying all costs and fees incurred in the Court<\/span> of Appeals<\/span> and the Supreme Court<\/span> if it takes cognizance of the claim. If the appellant<\/span> wishes suspension of execution in a civil appeal<\/span>, the security shall also be conditioned and shall be in such sum as the trial<\/span> court<\/span> may require as provided in subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A1.<\/span> Security for costs or suspension in criminal cases. — An appeal<\/span> bond<\/span> or letter of credit is not required in criminal appeals<\/span> as security for costs. A suspension bond<\/span> is not required in criminal appeals<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Security for costs on petition<\/span> for appeal<\/span> to Court<\/span> of Appeals<\/span> or Supreme Court<\/span>. — An appellant<\/span> whose petition<\/span> for appeal<\/span> is granted by the Court<\/span> of Appeals<\/span> or the Supreme Court<\/span> shall (if he has not done so) within 15 days from the date of the Certificate of Appeal<\/span> file an appeal<\/span> bond<\/span> or irrevocable letter of credit in the same penalty<\/span> as provided in subsection A, conditioned on the payment of all damages<\/span>, costs, and fees incurred in the Court<\/span> of Appeals<\/span> and in the Supreme Court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Security for suspension of execution. — An appellant<\/span> who wishes execution of the judgment<\/span> or award from which an appeal<\/span> is sought to be suspended during the appeal<\/span> shall, subject to the provisions of subsection J, file a suspending bond<\/span> or irrevocable letter of credit conditioned upon the performance or satisfaction of the judgment<\/span> and payment of all damages<\/span> incurred in consequence of such suspension, and except as provided in subsection D, execution shall be suspended upon the filing of such security and the timely prosecution<\/span> of such appeal<\/span>. Such security shall be continuing and additional security shall not be necessary except as to any additional amount that may be added or to any additional requirement that may be imposed by the courts<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Suspension of execution in decrees<\/span> for support and custody<\/span>; injunctions<\/span>. — The court<\/span> from which an appeal<\/span> is sought may refuse to suspend the execution of decrees<\/span> for support and custody<\/span>, and may also refuse suspension when a judgment<\/span> refuses, grants, modifies, or dissolves an injunction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Increase or decrease in penalty<\/span> or other modification of security. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The trial<\/span> court<\/span> or commission may, upon the motion<\/span> of any party<\/span> (i) for good cause shown, modify the terms of the security for the appeal<\/span> or of the security for the suspension of execution of a judgment<\/span> and (ii) resolve any objection to the form or issuer of a bond<\/span> or letter of credit at any time until the Court<\/span> of Appeals<\/span> or the Supreme Court<\/span> acts upon any similar motion<\/span>. Any party<\/span> aggrieved by the decision of the trial<\/span> court<\/span> or commission may request a review of such decision by the appellate<\/span> court<\/span> before which the case is pending. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Court<\/span> of Appeals<\/span> or the Supreme Court<\/span> may order<\/span> that the penalty<\/span> or any other terms or requirements of the security for the appeal<\/span> or of the security for the suspension of execution of a judgment<\/span> be modified for good cause shown (i) upon the motion<\/span> of any party<\/span> or (ii) if such request is made in the brief<\/span> of any party<\/span> filed in the Court<\/span> of Appeals<\/span>, or in the Petition<\/span> for Appeal<\/span> or the appellee<\/span>’s Brief<\/span> in Opposition filed in the Supreme Court<\/span> or the Court<\/span> of Appeals<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Affidavits<\/span> and counter-affidavits<\/span> may be filed by the parties containing facts<\/span> pertinent to such request. Any increase or decrease in the amount of or other modification of the security so ordered shall be effected in the clerk’s office of the trial<\/span> court<\/span> within 15 days of the order<\/span> of the trial<\/span> court<\/span>, the Court<\/span> of Appeals<\/span>, or the Supreme Court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If an increase so ordered is not effected within 15 days, the appeal<\/span> shall be dismissed, in the case of the security required under subsection A or B, or the suspension of execution of a judgment<\/span> shall be discontinued, in the case of the security required under subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> By whom executed. — Each bond<\/span> filed shall be executed by a party<\/span> or another on his behalf, and by surety<\/span> approved by the clerk of the court<\/span> from which appeal<\/span> is sought, or by the clerk of the Supreme Court<\/span> or the clerk of the Court<\/span> of Appeals<\/span> if the bond<\/span> is ordered by such Court<\/span>. Any letter of credit posted as security for an appeal<\/span> shall be in a form acceptable to the clerk of the court<\/span> from which appeal<\/span> is sought, or by the clerk of the Supreme Court<\/span> or the Court<\/span> of Appeals<\/span> if the security is ordered by such court<\/span>. The letter of credit shall be from a bank incorporated or authorized to conduct banking business under the laws<\/span> of this Commonwealth or authorized to do business in this Commonwealth under the banking laws<\/span> of the United States, or a federally insured savings institution located in this Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Appeal<\/span> from State Corporation Commission; security for costs. — When an appeal<\/span> of right is entered from the State Corporation Commission to the Supreme Court<\/span>, and no suspension of the order<\/span>, judgment<\/span>, or decree<\/span> appealed from is requested, such appeal<\/span> bond<\/span> or letter of credit shall be filed when and in the amount required by the clerk of the Supreme Court<\/span>, whose action<\/span> shall be subject to review by the Supreme Court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Appeal<\/span> from State Corporation Commission; suspension. — Any judgment<\/span>, order<\/span>, or decree<\/span> of the State Corporation Commission subject to appeal<\/span> to the Supreme Court<\/span> may be suspended by the Commission or by the Supreme Court<\/span> pending decision of the appeal<\/span> if the Commission or the Supreme Court<\/span> deems such suspension necessary for the proper administration of justice but only upon the written application of an appellant<\/span> after reasonable notice to all other parties in interest and the filing of a suspending bond<\/span> or irrevocable letter of credit with such conditions, in such penalty<\/span>, and with such surety<\/span> thereon as the Commission or the Supreme Court<\/span> may deem sufficient. But no surety<\/span> shall be required if the appellant<\/span> is any county, city or town of this Commonwealth, or the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Forms of bonds<\/span>; letters of credit; where filed. — The Clerk of the Supreme Court<\/span> shall prescribe separate forms for bonds<\/span>, one for costs alone, one for suspension of execution, and one for both and a form for irrevocable letters of credit, to which the bond<\/span> or bonds<\/span> or irrevocable letters of credit given shall substantially conform. The forms for each bond<\/span> and the letter of credit shall be published in the Rules of Court<\/span>. It shall be sufficient if the bond<\/span> or letter of credit, when executed as required, is filed with the trial<\/span> court<\/span>, clerk of the Virginia Workers’ Compensation Commission, or the clerk of the State Corporation Commission, whichever is applicable, and no personal appearance<\/span> in the trial<\/span> court<\/span>, Virginia Workers’ Compensation Commission, or State Corporation Commission by the principal, the surety<\/span> on the bond<\/span> or the bank issuing the letter of credit shall be required as a condition precedent<\/span> to its filing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> In any civil litigation<\/span> under any legal theory, the amount of the suspending bond<\/span> or irrevocable letter of credit to be furnished during the pendency of all appeals<\/span> or discretionary reviews of any judgment<\/span> granting legal, equitable<\/span>, or any other form of relief in order<\/span> to stay<\/span> the execution thereon during the entire course of appellate<\/span> review by any courts<\/span> shall be set in accordance with applicable laws<\/span> or court<\/span> rules, and the amount of the suspending bond<\/span> or irrevocable letter of credit shall include an amount equivalent to one year’s interest calculated from the date of the notice of appeal<\/span> in accordance with § 8.01-682<\/a>. However, the total suspending bond<\/span> or irrevocable letter of credit that is required of an appellant<\/span> and all of its affiliates shall not exceed $25 million, regardless of the value of the judgment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Dissipation of assets<\/span>. — If the appellee<\/span> proves by a preponderance of the evidence<\/span> that a party<\/span> bringing an appeal, for whom the suspending bond<\/span> or irrevocable letter of credit requirement has been limited or waived, is purposefully dissipating its assets<\/span> or diverting assets<\/span> outside the jurisdiction<\/span> of the United States courts<\/span> for the purpose of evading the judgment<\/span>, the limitation or waiver<\/span> shall be rescinded and a court<\/span> may require the appellant<\/span> to post a suspending bond<\/span> or irrevocable letter of credit in an amount up to the full amount of the judgment<\/span>. Dissipation of assets<\/span> shall not include those ongoing expenditures made from assets<\/span> of the kind that the appellant<\/span> made in the regular course of business prior to the judgment<\/span> being appealed, such as the payment of stock dividends and other financial incentives to the shareholders of publicly owned companies, continued participation in charitable and civic activities, and other expenditures consistent with the exercise of good business judgment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> For good cause shown, a court<\/span> may otherwise waive<\/span> the filing of a suspending bond<\/span> or irrevocable letter of credit as to the damages<\/span> in excess of, or other than, the compensatory damages<\/span>. Subject to the provisions of subsection K, the parties may agree to waive<\/span> the requirement of a suspending bond<\/span> or irrevocable letter of credit or agree to a suspending bond<\/span> or irrevocable letter of credit in an amount less than the compensatory damages<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> Exemption. — When an appeal is proper to protect the estate of a decedent or person<\/span> under disability, or to protect the interest of the Commonwealth or any county, city, or town of this Commonwealth, no security for appeal shall be required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> Indigents<\/span>. — No person<\/span> who is an indigent<\/span> shall be required to post security for an appeal bond<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

O.<\/span> Virginia Workers’ Compensation Commission. — No claimant who files an appeal from a final decision of the Virginia Workers’ Compensation Commission with the Court<\/span> of Appeals<\/span> shall be required to post security for costs as provided in subsection A if such claimant has not returned to his employment or by reason of his disability is unemployed. Such claimant shall file an affidavit<\/span> describing his disability and employment status with the Court<\/span> of Appeals<\/span> together with a motion<\/span> to waive<\/span> the filing of the security under subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

P.<\/span> Time for filing security for appeal. — The appeal bond<\/span> or letter of credit prescribed in subsections A and B is not jurisdictional and the time for filing such security in cases before the Court<\/span> of Appeals<\/span> or the Supreme Court<\/span> may be extended by a judge<\/span> or justice of the court<\/span> before which the case is pending on motion<\/span> for good cause shown. The effect of failing to perfect an appeal bond<\/span> shall be governed by the Rules of Supreme Court<\/span> of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

Q.<\/span> Consideration of appeal bond<\/span>, suspending bond<\/span>, or letter of credit by Court<\/span> of Appeals<\/span> or Supreme Court<\/span>. — A determination on an issue<\/span> affecting an appeal bond<\/span>, suspending bond<\/span>, or letter of credit in a case before the Court<\/span> of Appeals<\/span> or the Supreme Court<\/span> may be considered by an individual judge<\/span> of such court<\/span> rather than by a panel<\/span> of judges<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

R.<\/span> This section applies to injunction<\/span> bonds<\/span> required pursuant to § 8.01-631<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

S.<\/span> In accordance with § 1-205<\/a>, if the party<\/span> required to post an appeal or suspending bond<\/span> tenders such bond<\/span> together with cash in the full amount required by this section to the clerk specified in this section, no surety<\/span> shall be required. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSECURITY FOR APPEAL (\u00a7 8.01-676.1)\n\nA. Security for costs of appeal of right to Court of Appeals in civil cases.\n— A party filing a notice of an appeal of right to the Court of Appeals\nin a civil case shall simultaneously file an appeal bond or irrevocable letter\nof credit in the penalty of $500, or such sum as the trial court may require,\nsubject to subsection E, conditioned upon paying all costs and fees incurred in\nthe Court of Appeals and the Supreme Court if it takes cognizance of the claim.\nIf the appellant wishes suspension of execution in a civil appeal, the security\nshall also be conditioned and shall be in such sum as the trial court may\nrequire as provided in subsection C.\n\nA1. Security for costs or suspension in criminal cases. — An appeal bond\nor letter of credit is not required in criminal appeals as security for costs. A\nsuspension bond is not required in criminal appeals.\n\nB. Security for costs on petition for appeal to Court of Appeals or Supreme\nCourt. — An appellant whose petition for appeal is granted by the Court\nof Appeals or the Supreme Court shall (if he has not done so) within 15 days\nfrom the date of the Certificate of Appeal file an appeal bond or irrevocable\nletter of credit in the same penalty as provided in subsection A, conditioned on\nthe payment of all damages, costs, and fees incurred in the Court of Appeals and\nin the Supreme Court.\n\nC. Security for suspension of execution. — An appellant who wishes\nexecution of the judgment or award from which an appeal is sought to be\nsuspended during the appeal shall, subject to the provisions of subsection J,\nfile a suspending bond or irrevocable letter of credit conditioned upon the\nperformance or satisfaction of the judgment and payment of all damages incurred\nin consequence of such suspension, and except as provided in subsection D,\nexecution shall be suspended upon the filing of such security and the timely\nprosecution of such appeal. Such security shall be continuing and additional\nsecurity shall not be necessary except as to any additional amount that may be\nadded or to any additional requirement that may be imposed by the courts.\n\nD. Suspension of execution in decrees for support and custody; injunctions.\n— The court from which an appeal is sought may refuse to suspend the\nexecution of decrees for support and custody, and may also refuse suspension\nwhen a judgment refuses, grants, modifies, or dissolves an injunction.\n\nE. Increase or decrease in penalty or other modification of security.\n\n 1. The trial court or commission may, upon the motion of any party (i) for\n good cause shown, modify the terms of the security for the appeal or of the\n security for the suspension of execution of a judgment and (ii) resolve any\n objection to the form or issuer of a bond or letter of credit at any time\n until the Court of Appeals or the Supreme Court acts upon any similar motion.\n Any party aggrieved by the decision of the trial court or commission may\n request a review of such decision by the appellate court before which the case\n is pending.\n\n 2. The Court of Appeals or the Supreme Court may order that the penalty or any\n other terms or requirements of the security for the appeal or of the security\n for the suspension of execution of a judgment be modified for good cause shown\n (i) upon the motion of any party or (ii) if such request is made in the brief\n of any party filed in the Court of Appeals, or in the Petition for Appeal or\n the appellee’s Brief in Opposition filed in the Supreme Court or the\n Court of Appeals.\n\n 3. Affidavits and counter-affidavits may be filed by the parties containing\n facts pertinent to such request. Any increase or decrease in the amount of or\n other modification of the security so ordered shall be effected in the\n clerk’s office of the trial court within 15 days of the order of the\n trial court, the Court of Appeals, or the Supreme Court.\n\n 4. If an increase so ordered is not effected within 15 days, the appeal shall\n be dismissed, in the case of the security required under subsection A or B, or\n the suspension of execution of a judgment shall be discontinued, in the case\n of the security required under subsection C.\n\nF. By whom executed. — Each bond filed shall be executed by a party or\nanother on his behalf, and by surety approved by the clerk of the court from\nwhich appeal is sought, or by the clerk of the Supreme Court or the clerk of the\nCourt of Appeals if the bond is ordered by such Court. Any letter of credit\nposted as security for an appeal shall be in a form acceptable to the clerk of\nthe court from which appeal is sought, or by the clerk of the Supreme Court or\nthe Court of Appeals if the security is ordered by such court. The letter of\ncredit shall be from a bank incorporated or authorized to conduct banking\nbusiness under the laws of this Commonwealth or authorized to do business in\nthis Commonwealth under the banking laws of the United States, or a federally\ninsured savings institution located in this Commonwealth.\n\nG. Appeal from State Corporation Commission; security for costs. — When\nan appeal of right is entered from the State Corporation Commission to the\nSupreme Court, and no suspension of the order, judgment, or decree appealed from\nis requested, such appeal bond or letter of credit shall be filed when and in\nthe amount required by the clerk of the Supreme Court, whose action shall be\nsubject to review by the Supreme Court.\n\nH. Appeal from State Corporation Commission; suspension. — Any judgment,\norder, or decree of the State Corporation Commission subject to appeal to the\nSupreme Court may be suspended by the Commission or by the Supreme Court pending\ndecision of the appeal if the Commission or the Supreme Court deems such\nsuspension necessary for the proper administration of justice but only upon the\nwritten application of an appellant after reasonable notice to all other parties\nin interest and the filing of a suspending bond or irrevocable letter of credit\nwith such conditions, in such penalty, and with such surety thereon as the\nCommission or the Supreme Court may deem sufficient. But no surety shall be\nrequired if the appellant is any county, city or town of this Commonwealth, or\nthe Commonwealth.\n\nI. Forms of bonds; letters of credit; where filed. — The Clerk of the\nSupreme Court shall prescribe separate forms for bonds, one for costs alone, one\nfor suspension of execution, and one for both and a form for irrevocable letters\nof credit, to which the bond or bonds or irrevocable letters of credit given\nshall substantially conform. The forms for each bond and the letter of credit\nshall be published in the Rules of Court. It shall be sufficient if the bond or\nletter of credit, when executed as required, is filed with the trial court,\nclerk of the Virginia Workers’ Compensation Commission, or the clerk of\nthe State Corporation Commission, whichever is applicable, and no personal\nappearance in the trial court, Virginia Workers’ Compensation Commission,\nor State Corporation Commission by the principal, the surety on the bond or the\nbank issuing the letter of credit shall be required as a condition precedent to\nits filing.\n\nJ. In any civil litigation under any legal theory, the amount of the suspending\nbond or irrevocable letter of credit to be furnished during the pendency of all\nappeals or discretionary reviews of any judgment granting legal, equitable, or\nany other form of relief in order to stay the execution thereon during the\nentire course of appellate review by any courts shall be set in accordance with\napplicable laws or court rules, and the amount of the suspending bond or\nirrevocable letter of credit shall include an amount equivalent to one\nyear’s interest calculated from the date of the notice of appeal in\naccordance with § 8.01-682. However, the total suspending bond or\nirrevocable letter of credit that is required of an appellant and all of its\naffiliates shall not exceed $25 million, regardless of the value of the\njudgment.\n\nK. Dissipation of assets. — If the appellee proves by a preponderance of\nthe evidence that a party bringing an appeal, for whom the suspending bond or\nirrevocable letter of credit requirement has been limited or waived, is\npurposefully dissipating its assets or diverting assets outside the jurisdiction\nof the United States courts for the purpose of evading the judgment, the\nlimitation or waiver shall be rescinded and a court may require the appellant to\npost a suspending bond or irrevocable letter of credit in an amount up to the\nfull amount of the judgment. Dissipation of assets shall not include those\nongoing expenditures made from assets of the kind that the appellant made in the\nregular course of business prior to the judgment being appealed, such as the\npayment of stock dividends and other financial incentives to the shareholders of\npublicly owned companies, continued participation in charitable and civic\nactivities, and other expenditures consistent with the exercise of good business\njudgment.\n\nL. For good cause shown, a court may otherwise waive the filing of a suspending\nbond or irrevocable letter of credit as to the damages in excess of, or other\nthan, the compensatory damages. Subject to the provisions of subsection K, the\nparties may agree to waive the requirement of a suspending bond or irrevocable\nletter of credit or agree to a suspending bond or irrevocable letter of credit\nin an amount less than the compensatory damages.\n\nM. Exemption. — When an appeal is proper to protect the estate of a\ndecedent or person under disability, or to protect the interest of the\nCommonwealth or any county, city, or town of this Commonwealth, no security for\nappeal shall be required.\n\nN. Indigents. — No person who is an indigent shall be required to post\nsecurity for an appeal bond.\n\nO. Virginia Workers’ Compensation Commission. — No claimant who\nfiles an appeal from a final decision of the Virginia Workers’\nCompensation Commission with the Court of Appeals shall be required to post\nsecurity for costs as provided in subsection A if such claimant has not returned\nto his employment or by reason of his disability is unemployed. Such claimant\nshall file an affidavit describing his disability and employment status with the\nCourt of Appeals together with a motion to waive the filing of the security\nunder subsection A.\n\nP. Time for filing security for appeal. — The appeal bond or letter of\ncredit prescribed in subsections A and B is not jurisdictional and the time for\nfiling such security in cases before the Court of Appeals or the Supreme Court\nmay be extended by a judge or justice of the court before which the case is\npending on motion for good cause shown. The effect of failing to perfect an\nappeal bond shall be governed by the Rules of Supreme Court of Virginia.\n\nQ. Consideration of appeal bond, suspending bond, or letter of credit by Court\nof Appeals or Supreme Court. — A determination on an issue affecting an\nappeal bond, suspending bond, or letter of credit in a case before the Court of\nAppeals or the Supreme Court may be considered by an individual judge of such\ncourt rather than by a panel of judges.\n\nR. This section applies to injunction bonds required pursuant to §\n8.01-631.\n\nS. In accordance with § 1-205, if the party required to post an appeal or\nsuspending bond tenders such bond together with cash in the full amount required\nby this section to the clerk specified in this section, no surety shall be\nrequired.\n\nHISTORY: 1984, c. 703; 1986, c. 89; 1987, cc. 460, 684; 1988, c. 883; 1996, c.\n77; 2000, c. 100; 2004, cc. 328, 356; 2010, c. 494; 2012, cc. 8, 77; 2016, c.\n178; 2021, Sp. Sess. I, c. 489; 2022, c. 714.","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}}