2006 Code of Virginia § 16.1-107 - Requirements for appeal

16.1-107. Requirements for appeal.

No appeal shall be allowed unless and until the party applying for the sameor someone for him shall give bond, in an amount and with sufficient suretyapproved by the judge or by his clerk if there is one, to abide by suchjudgment as may be rendered on appeal if such appeal is perfected, or if notso perfected, then to satisfy the judgment of the court in which it wasrendered. However, no appeal bond shall be required of a plaintiff in a civilcase where the defendant has not asserted a counterclaim, the Commonwealth orwhen an appeal is proper to protect the estate of a decedent, an infant, aconvict, or an insane person, or the interest of a county, city, town ortransportation district created pursuant to Chapter 45 ( 15.2-4500 et seq.)of Title 15.2.

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

In addition to the foregoing, any party applying for appeal shall, within 30days from the date of the judgment, pay to the clerk of the court from whichthe appeal is taken the amount of the writ tax of the court to which theappeal 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 thecircuit court pursuant to 16.1-112.

(1956, c. 555; 1972, c. 585; 1978, c. 501; 1992, c. 565; 1993, c. 970; 1998,c. 266; 2004, c. 366; 2006, c. 116.)


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