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Virginia Code

Va. Code Ann. § 16.1-109 (2026)

Appellate court may require new or additional security

✓ current as of May 2026
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A. The court to which the appeal is taken may on motion for good cause shown, after reasonable notice to the appellant, require the appellant to give new or additional security, and if such security be not given within the time prescribed by the appellate court the appeal shall be dismissed with costs, and the judgment or order of the court from which the appeal was taken shall remain in effect and the appellate court shall award execution thereon, with costs, against the appellant and his surety.

B. When a bond or other security is required by law to be posted or given in connection with an appeal or removal from a district court, and there is either (i) a defect in such bond or other security as a result of an error of the district court, or (ii) the district court erroneously failed to require the bond or other security, and the defect or failure is discovered prior to sending the case to the circuit court, the district court shall order that the appellant or applicant for removal cure such defect or failure within a period not longer than the initial period of time for posting the bond or giving the security. If the error or failure is discovered after the case has been sent to the circuit court, the circuit court shall return the case to the district court for the district court to order the appellant or applicant for removal to cure the defect or post the required bond or give the required security within a period of time not longer than the initial period of time for posting the bond or giving the security for removal. Failure to comply with such order shall result in the disallowance of the appeal or denial of the application for removal.

1956, c. 555; 2007, c. 464.

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1973–2026 · leading case: Sharma v. Sharma, 620 S.E.2d 553 (Va. Ct. App. 2005).
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Sharma v. Sharma, 620 S.E.2d 553 (Va. Ct. App. 2005). · cites it 28× “Alternatively, he argues the trial court erred in not allowing him to correct a deficiency in the appeal bond as authorized by Code § 16.1-109. For the reasons stated, we affirm the judgment of the trial court.”
Robert & Bertha Robinson Fam., LLC v. Allen, 810 S.E.2d 48 (Va. 2018). · cites it 2× “, Code §§ 16.1-109(A) (authorizing the circuit court to require the "appellant" to give "new or additional security" to protect an appellee's judgment in the GDC), 16.”
Hurst v. Ballard, 337 S.E.2d 284 (Va. 1985). · cites it 4× “(We also noted that Code § 16.1-109 provides procedures by which the circuit court may require new or additional security.”
Christen Erickson Smiley v. Michael D. Erickson, 512 S.E.2d 842 (Va. Ct. App. 1999). · cites it 8× “2d at 522 (citations omitted). We find that the provisions of Code § 16.”
Burks v. Three Hills Corp., 200 S.E.2d 521 (Va. 1973). · cites it 4× “Code § 16.1-109 (Repl. Vol. 1960), sets forth procedures by which the trial court may “require the appellant to give new or additional security”.”
Mccall v. Com., Dept. of Soc. Servs., 457 S.E.2d 389 (Va. Ct. App. 1995). · cites it 2× “” Accordingly, the court ordered that the appeal bond be increased to $3,370, see Code § 16.1-109, and further ordered that if McCall failed to post the required bond by a date certain, the appeal would be dismissed.”
Nydia Blake & Rebecca Montalvo v. Marina Tamrit Couk (Va. Ct. App. 2023). · cites it 39× “Prior to the addition of subsection (B) to Code § 16.1-109,6 we held “Code § 16.1-109 comes into play only when the appeal bond posted is inadequate or in some fashion is defective.”
Bob Woods Union 76, Inc. v. Alotaibi, 80 Va. Cir. 333 (Roanoke County Cir. Ct. 2010). · cites it 5× “Thus, this was a jurisdictional defect that could not be cured by Va. Code § 16.1-109. Id., 620 S.E.2d at 558 .”
Van Garris v. Harold, 71 Va. Cir. 411 (Norfolk Cir. Ct. 2005). · cites it 10× “The Supreme Court reversed, holding that the Circuit Court should have required the defendant to supply the deficiency in the bond under Va. Code § 16.1-109 which provided then and now provides: § 16.”
Commonwealth v. McCall, 35 Va. Cir. 517 (Amherst Cir. Ct. 1993). · cites it 3× “Section 16.1-109 of the Code of Virginia provides that the appellate court may, for good cause, require the appellant to give additional security.”
Genesis Hammond-Schrock v. Commonwealth of Virginia (Va. Ct. App. 2026). · cites it 2× “464 (adding Code § 16.1-109(B) and amending § 16.1-296(H) to cross-reference it).”
Wayne O. Leake v. Susan J. Taylor (Va. Ct. App. 2010). · cites it 3× “Finally, this Court held that a bond of “zero” constituted a failure to post the required bond, rather than the posting of a deficient bond, and therefore it was a jurisdictional defect that could not be cured by Code § 16.1-109. Id. at 594, 620 S.E.2d at 558 .”
Show all 17 citing cases →
— Va. Code Ann. § 16.1-109(A) — 2 cases
Robert & Bertha Robinson Fam., LLC v. Allen, 810 S.E.2d 48 (Va. 2018). “, Code §§ 16.1-109(A) (authorizing the circuit court to require the "appellant" to give "new or additional security" to protect an appellee's judgment in the GDC), 16.”
Nydia Blake & Rebecca Montalvo v. Marina Tamrit Couk (Va. Ct. App. 2023). “Prior to the addition of subsection (B) to Code § 16.1-109,6 we held “Code § 16.1-109 comes into play only when the appeal bond posted is inadequate or in some fashion is defective.”
— Va. Code Ann. § 16.1-109(B) — 2 cases
Nydia Blake & Rebecca Montalvo v. Marina Tamrit Couk (Va. Ct. App. 2023). “Prior to the addition of subsection (B) to Code § 16.1-109,6 we held “Code § 16.1-109 comes into play only when the appeal bond posted is inadequate or in some fashion is defective.”
Genesis Hammond-Schrock v. Commonwealth of Virginia (Va. Ct. App. 2026). “464 (adding Code § 16.1-109(B) and amending § 16.1-296(H) to cross-reference it).”
— Va. Code Ann. § 16.1-109(B)(ii) — 1 case
Nydia Blake & Rebecca Montalvo v. Marina Tamrit Couk (Va. Ct. App. 2023). “Prior to the addition of subsection (B) to Code § 16.1-109,6 we held “Code § 16.1-109 comes into play only when the appeal bond posted is inadequate or in some fashion is defective.”
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