                                 CODE OF VIRGINIA

REQUIREMENTS FOR APPEAL (§ 16.1-107)

A. No appeal shall be allowed unless and until the party applying for the same
or someone for him shall give bond, in an amount and with sufficient surety
approved by the judge or by his clerk if there is one, or in an amount
sufficient to satisfy the judgment of the court in which it was rendered. Either
such amount shall include the award of attorney fees, if any. Such bond shall be
posted within 30 days from the date of judgment, except for an appeal from the
judgment of a general district court on an unlawful detainer pursuant to &#xA7;
8.01-129. However, no appeal bond shall be required of a plaintiff in a civil
case where the defendant has not asserted a counterclaim, the Commonwealth or
when an appeal is proper to protect the estate of a decedent, an infant, a
convict, or an insane person, or the interest of a county, city, town or
transportation district created pursuant to the Transportation District Act of
1964 (&#xA7; 33.2-1900 et seq.) of Title 33.2. In a case where a defendant with
indemnity coverage through a policy of liability insurance appeals, the bond
required by this section shall not exceed the amount of the judgment that is
covered by a policy of indemnity coverage.

B. In all civil cases, except trespass, ejectment, unlawful detainer against a
former owner based upon a foreclosure against that owner, or any action
involving the recovering of rents, no indigent person shall be required to post
an appeal bond. In cases of unlawful detainer against a former owner based upon
a foreclosure against that owner, a person who has been determined to be
indigent pursuant to the guidelines set forth in &#xA7; 19.2-159 shall post an
appeal bond within 30 days from the date of judgment.

C. Notwithstanding the provisions of subsection B, no indigent person shall be
required to post a bond to appeal any unlawful detainer action brought by a
public housing authority.

D. In cases of unlawful detainer for a residential dwelling unit,
notwithstanding the provisions of &#xA7; 8.01-129, an appeal bond shall be
posted by the defendant with payment into the general district court in the
amount of outstanding rent, late charges, attorney fees, and any other charges
or damages due, as contracted for in the rental agreement, and as amended on the
unlawful detainer by the court. If such amount is not so paid, any such appeal
shall not be perfected as a matter of law. Upon perfection of an appeal, the
defendant shall pay the rental amount as contracted for in the rental agreement
to the plaintiff on or before the fifth day of each month. If any such rental
payment is not so paid, upon written motion of the plaintiff with a copy of such
written motion mailed by regular mail to the tenant, the judge of the circuit
court shall, without hearing, enter judgment for the amount of outstanding rent,
late charges, attorney fees, and any other charges or damages due as of that
date, subtracting any payments made by such tenant as reflected in the court
accounts and on a written affidavit submitted by the plaintiff,
plaintiff&#8217;s managing agent, or plaintiff&#8217;s attorney with a copy of
such affidavit mailed by regular mail to the tenant, and an order of possession
without further hearings or proceedings in such court. Any funds held in a court
account shall be released to the plaintiff without further hearing or proceeding
of the court unless the defendant has filed a motion to retain some or all of
such funds and the court, after a hearing, enters an order finding that the
defendant is likely to succeed on the merits of a counterclaim alleging money
damages against the plaintiff, in which case funds shall be held by order of
such court.

E. If such bond is furnished by or on behalf of any party against whom judgment
has been rendered for money or property or both, the bond shall be conditioned
for the performance and satisfaction of such judgment or order as may be entered
against such party on appeal, and for the payment of all costs and damages which
may be awarded against him in the appellate court. If the appeal is by a party
against whom there is no recovery except for costs, the bond shall be
conditioned for the payment of such costs and damages as may be awarded against
him on the appeal.

F. In addition to the foregoing, any party applying for appeal shall, within 30
days from the date of the judgment, pay to the clerk of the court from which the
appeal is taken the amount of the writ tax of the court to which the appeal is
taken and costs as required by subdivision A 13 of &#xA7; 17.1-275, including
all fees for service of process of the notice of appeal in the circuit court
pursuant to &#xA7; 16.1-112.

G. For purposes of this section, &#8220;indigent&#8221; means that the defendant
has been determined to be indigent pursuant to the guidelines set forth in
&#xA7; 19.2-159.

HISTORY: 1956, c. 555; 1972, c. 585; 1978, c. 501; 1992, c. 565; 1993, c. 970;
1998, c. 266; 2004, c. 366; 2006, c. 116; 2007, c. 869; 2008, c. 706; 2010, c.
267; 2011, c. 58; 2017, c. 657; 2019, c. 785; 2021, Sp. Sess. I, c. 199; 2025,
cc. 684, 688.