                                 CODE OF VIRGINIA

WITHDRAWAL OF APPEAL IN CIVIL CASES (§ 16.1-106.1)

A. A party who has appealed a final judgment or order rendered by a general
district court or a juvenile and domestic relations district court in a civil
case may seek to withdraw that appeal at any time.

   1. If the appeal has not been perfected by posting a required appeal bond or
   paying required costs, or within 10 days after entry of the judgment or order
   when no appeal bond or costs are required to perfect the appeal, the appeal
   may be withdrawn by filing in the district court that entered the judgment or
   order and serving, in person or by first-class mail, on all parties or their
   counsel a written notice of intent to withdraw the appeal. When the appeal is
   withdrawn in the district court, the judgment or order of the district court
   shall have the same effect as if no appeal had been noted.

   2. After the appeal is perfected by posting a required appeal bond or paying
   required costs, or after 10 days have elapsed since the entry of the judgment
   or order when no appeal bond or costs are required to perfect the appeal, an
   appealing party may request that the appeal be withdrawn by filing in the
   circuit court and serving, in person or by first-class mail, on all parties or
   their counsel a written notice of intent to withdraw the appeal.

B. Upon receipt of a notice of intent to withdraw an appeal filed in the circuit
court, any party to the appeal, or the circuit court on its own motion, may give
notice of a hearing, which shall be scheduled no later than the date set by the
circuit court for trial of the appeal. Unless the hearing is scheduled at the
time previously set for trial of the appeal, notice of the hearing shall be
given, in person or by first-class mail, to all parties or their counsel, any
non-party who has posted an appeal bond, and, when appropriate, the Department
of Social Services, Division of Child Support Enforcement.

C. At the hearing, the circuit court shall determine whether any party objects
to the proposed withdrawal. A party may object to the withdrawal of an appeal by
filing in the circuit court and serving, in person or by first-class mail, on
all parties or their counsel a written notice of objection to withdrawal of the
appeal. If such a written objection is filed and served within a reasonable
period after service of the notice of intent to withdraw the appeal, upon a
showing of good cause by the party objecting to the withdrawal of the appeal,
the circuit court may decline to permit the withdrawal of the appeal. If no such
written objection is timely filed, the appeal shall be deemed to be withdrawn
and, subject to subsections E and F, the circuit court shall enter an order
disposing of the case in accordance with the judgment or order entered in the
district court.

D. If a party who has appealed a judgment or order of a district court fails to
appear in circuit court either at the time for setting the appeal for trial or
on the trial date, the circuit court may, upon the motion of any party, enter an
order treating the appeal as withdrawn and disposing of the case in accordance
with this section. If no party appears for trial, the court may deem the appeal
to be withdrawn without a motion and enter an order disposing of the case in
accordance with this section.

E. Upon the withdrawal of an appeal from a general district court, the circuit
court shall, upon request of a party who did not appeal the judgment or order,
determine whether, as a result of the appeal, a party has a right to additional
relief in the circuit court which has accrued since the appeal was noted,
including but not limited to attorneys&#8217; fees provided for by contract or
statute. Subject to any rights of a surety pursuant to § 16.1-110, the circuit
court shall also order its clerk to disburse any cash bond posted to perfect the
appeal as follows:

   1. First, to the clerk of the court to cover taxable costs in the circuit
   court as provided by statute;

   2. Second, to the prevailing party in an amount sufficient to satisfy any
   judgment or order entered in the general district court and any additional
   relief granted by the circuit court; and

   3. Third, the balance, if any, to the person who posted the bond in the
   general district court.
   				In addition, the circuit court shall enter such order as may be
   appropriate to conclude all matters arising out of the appeal from the general
   district court.

F. Upon the withdrawal of an appeal from a juvenile and domestic relations
district court, the circuit court shall, upon request of a party who did not
appeal the judgment or order, determine whether, as a result of the appeal, a
party has a right to additional relief in the circuit court which has accrued
since the appeal was noted, including but not limited to attorneys&#8217; fees
provided for by contract or statute. Subject to any rights of a surety pursuant
to § 16.1-110, the circuit court shall also order its clerk to disburse any
cash bond posted to perfect the appeal as follows:

   1. First, to the clerk of the court to cover taxable costs in the circuit
   court as provided by statute;

   2. Second, to the prevailing party in an amount sufficient to satisfy any
   judgment or order entered in the juvenile and domestic relations district
   court and any additional relief granted by the circuit court; and

   3. Third, the balance, if any, to the person who posted the bond in the
   juvenile and domestic relations district court.
   				In addition, the circuit court shall enter such order as may be
   appropriate to conclude all matters arising out of the petition or motion
   filed in the juvenile and domestic relations district court and the appeal in
   circuit court, consistent with the judgment or order entered in the juvenile
   and domestic relations district court, as modified by the grant of any
   additional relief by the circuit court pursuant to this subsection. Unless the
   circuit court orders that the case remain in the circuit court, the case shall
   be remanded to the juvenile and domestic relations district court for purposes
   of enforcement and future modification and shall be subject to all the
   requirements of &#xA7; 16.1-297.

HISTORY: 2008, c. 706.