                                 CODE OF VIRGINIA

APPEAL FROM JUDGMENT OF GENERAL DISTRICT COURT (§ 8.01-129)

A. 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
&#xA7; 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 &#xA7; 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. In any unlawful detainer case filed under &#xA7; 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 &#xA7; 8.01-470. In no
case, however, shall the sheriff evict the defendant from the dwelling unit
prior to the expiration of the defendant&#8217;s 10-day appeal period. If the
defendant perfects an appeal, the sheriff shall return the writ to the clerk who
issued it.
			When 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&#8217;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.

HISTORY: Code 1950, § 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.