2006 Code of Virginia § 8.01-129 - Appeal from judgment of general district court

8.01-129. Appeal from judgment of general district court.

An appeal shall lie from the judgment of a general district court, in anyproceeding under this article, to the circuit court in the same manner andwith like effect and upon like security as appeals taken under the provisionsof 16.1-106 et seq. except as specifically provided in this section. Theappeal shall be taken within 10 days and the security approved by the courtfrom which the appeal is taken. Notwithstanding the provisions of 16.1-106et seq. the bond shall be posted and the writ tax paid within 10 days of thedate of the judgment. Unless otherwise specifically provided in the court'sorder, no writ of execution shall issue on a judgment for possession untilthe expiration of this 10-day period, except in cases of judgment of default(i) wherein the case arises out of a trustee's deed following foreclosure, or(ii) for the nonpayment of rent where the writ of execution shall issueimmediately upon entry of judgment for possession, if requested by theplaintiff. When the appeal is taken by the defendant, he shall be required togive security also for all rent which has accrued and may accrue upon thepremises, but for not more than one year's rent, and also for all damagesthat have accrued or may accrue from the unlawful use and occupation of thepremises for a period not exceeding three months. Trial by jury shall be hadupon application of any party.

(Code 1950, 8-794; 1950, p. 68; 1977, c. 617; 1984, c. 565; 1998, c. 750;2004, c. 343.)

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