Va. Code » Title 16.1. Courts Not of Record » Chapter 6. Venue, Jurisdiction and Procedure in Civil Matters » Article 3. Procedure in Civil Cases
Virginia Code

Va. Code Ann. § 16.1-107 (2026)

Requirements for appeal

✓ current as of May 2026
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

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 § 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 (§ 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 any civil case, no indigent defendant shall be required to post an appeal bond. For the purposes of this subsection, "indigent" means that the defendant has been determined to be indigent pursuant to the guidelines set forth in § 19.2-159.

C. In cases of unlawful detainer for a residential dwelling unit, notwithstanding the provisions of § 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. No indigent defendant shall be required to post such an appeal bond. 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's managing agent, or plaintiff'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.

D. 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.

E. 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 § 17.1-275, including all fees for service of process of the notice of appeal in the circuit court pursuant to § 16.1-112.

F. For purposes of this section, "indigent" means that the defendant has been determined to be indigent pursuant to the guidelines set forth in § 19.2-159.

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; 2026, c. 579.

Notes of Decisions
Cited in 41 cases (6 in the last 5 years), 1969–2026 · leading case: Robert & Bertha Robinson Fam., LLC v. Allen, 810 S.E.2d 48 (Va. 2018).
Sort: Relevance Newest Treatment
Robert & Bertha Robinson Fam., LLC v. Allen, 810 S.E.2d 48 (Va. 2018). · cites it 13× “Code § 16.1-107 states that no appeal "shall be allowed unless and until the party applying for the same" provides an appropriate bond "sufficient to satisfy the judgment of the court in which it was rendered.”
Hurst v. Ballard, 337 S.E.2d 284 (Va. 1985). · cites it 28× “1-112 was jurisdictional, but contends that the replacement legislation, Code § 16.1-107, changes the requirement's jurisdictional effect.”
Mccall v. Com., Dept. of Soc. Servs., 457 S.E.2d 389 (Va. Ct. App. 1995). · cites it 35× “In this appeal, we uphold the circuit court’s ruling dismissing a juvenile and domestic relations district court (J & DR) appeal because the appellant failed to post a $3,370 bond pursuant to the 1992 version of Code § 16.1-107 for an appeal of a judgment for the child support…”
Mahoney v. Mahoney, 537 S.E.2d 626 (Va. Ct. App. 2000). · cites it 8× “See Code § 16.1-107; Hutchins v. Carrillo, 27 Va.”
Godlewski v. Gray, 277 S.E.2d 213 (Va. 1981). · cites it 12× “See Code § 16.1-107, which does not set a time limit for giving bond.”
Commonwealth Ex Rel. Comptroller of Virginia v. Skeens, 442 S.E.2d 432 (Va. Ct. App. 1994). · cites it 4× “4 We dismiss as without merit the Department’s claim that this appeal should be dismissed because Skeens failed to post an appeal bond in accordance with the requirements of Code § 16.1-107 when he appealed from the Buchanan County Juvenile and Domestic Relations Court to the…”
Bruce Beaudett v. City of Hampton City Attorneys A. Paul Burton & W. Stephen Moore Judge T.H. Wilson, II & Judge Nelson T. Overton, 775 F.2d 1274 (4th Cir. 1985). “Virginia requirements for perfection of appeals are found in Va.Code § 16.1-107. 3 . Beaudett asserts the district court should have treated the motions as requests for summary judgment because the court relied on information outside the pleadings.”
Scheer v. Isaacs, 392 S.E.2d 201 (Va. Ct. App. 1990). · cites it 6× “Isaacs (Scheer) contends that the action was originally brought to enforce the terms of a property settlement agreement between the parties, or a determination of arrearages and for other relief. She argues that it was, and is, a civil action not governed by the procedures…”
Greer v. Dillard, 193 S.E.2d 668 (Va. 1973). · cites it 6× “32, with interest, costs and attorneys’ fees, and pursuant to Code §§16.1-107 and -108 set the appeal bond at $600.”
Sharma v. Sharma, 620 S.E.2d 553 (Va. Ct. App. 2005). · cites it 2× “See Code § 16.1-107; Hutchins v. Carrillo, 27 Va.”
Powell v. Rawlings, 78 Va. Cir. 369 (Greensville Cir. Ct. 2009). · cites it 9× “Va. Code § 16.1-107 (Supp. 2008) (emphasis added).”
Genesis Hammond-Schrock v. Commonwealth of Virginia (Va. Ct. App. 2026). · cites it 48× “To perfect an appeal from a general district court to the circuit court in a civil case, Code § 16.1-107 generally requires the defendant to post an appeal bond in an amount sufficient to satisfy the judgment.”
Show all 41 citing cases →
— Va. Code Ann. § 16.1-107(A) — 4 cases
Nydia Blake & Rebecca Montalvo v. Marina Tamrit Couk (Va. Ct. App. 2023).
Genesis Hammond-Schrock v. Commonwealth of Virginia (Va. Ct. App. 2026). “To perfect an appeal from a general district court to the circuit court in a civil case, Code § 16.1-107 generally requires the defendant to post an appeal bond in an amount sufficient to satisfy the judgment.”
Goldenleaf Logistics, LLC v. Virginia Truck Ctr. of Richmond, Inc., d/b/a Excel Truck Grp. (Va. Ct. App. 2026).
Catherine B. Vidunas v. Camp Mont Shenandoah Ltd. (Va. Ct. App. 2025).
— Va. Code Ann. § 16.1-107(B) — 1 case
Genesis Hammond-Schrock v. Commonwealth of Virginia (Va. Ct. App. 2026). “To perfect an appeal from a general district court to the circuit court in a civil case, Code § 16.1-107 generally requires the defendant to post an appeal bond in an amount sufficient to satisfy the judgment.”
— Va. Code Ann. § 16.1-107(E) — 2 cases
Sch. Bd. for the City of Richmond v. Mark Emerick Lee, Jr. (Va. Ct. App. 2023).
Genesis Hammond-Schrock v. Commonwealth of Virginia (Va. Ct. App. 2026). “To perfect an appeal from a general district court to the circuit court in a civil case, Code § 16.1-107 generally requires the defendant to post an appeal bond in an amount sufficient to satisfy the judgment.”
— Va. Code Ann. § 16.1-107(F) — 1 case
Catherine B. Vidunas v. Camp Mont Shenandoah Ltd. (Va. Ct. App. 2025).
— Va. Code Ann. § 16.1-107(G) — 1 case
Genesis Hammond-Schrock v. Commonwealth of Virginia (Va. Ct. App. 2026). “To perfect an appeal from a general district court to the circuit court in a civil case, Code § 16.1-107 generally requires the defendant to post an appeal bond in an amount sufficient to satisfy the judgment.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.