A. From any order entered or judgment rendered in a court not of record in a civil case in which the matter in controversy is of greater value than $20, exclusive of interest, any attorney fees contracted for in the instrument, and costs, or when the case involves the constitutionality or validity of a statute of the Commonwealth, or of an ordinance or bylaw of a municipal corporation, or of the enforcement of rights and privileges conferred by the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), or of a protective order pursuant to § 19.2-152.10, or of an action filed by a condominium unit owners' association or unit owner pursuant to § 55.1-1959, or of an action filed by a property owners' association or lot owner pursuant to § 55.1-1819, or from any order entered or judgment rendered in a general district court that alters, amends, overturns, or vacates any prior final order, there shall be an appeal of right, if taken within 10 days after such order or judgment, to a court of record. Such appeal shall be to a court of record having jurisdiction within the territory of the court from which the appeal is taken and shall be heard de novo.
B. If any party timely notices an appeal as provided by subsection A, such notice of appeal shall be deemed a timely notice of appeal by any other party on a final order or judgment entered in the same or a related action arising from the same conduct, transaction, or occurrence as the underlying action; however, all parties will be required to timely perfect their own respective appeals by giving a bond and the writ tax and costs, if any, in accordance with § 16.1-107.
If an appeal is noted and perfected after the sheriff has served the notice of intent to execute a writ of eviction, which is required to be served at least 72 hours before such eviction in accordance with law, the party noting or noting and perfecting such appeal shall notify the sheriff of such appeal.
C. The court from which an appeal is sought may refuse to suspend the execution of a judgment that refuses, grants, modifies, or dissolves an injunction in a case brought pursuant to § 2.2-3713 of the Virginia Freedom of Information Act. A protective order issued pursuant to § 19.2-152.10, including a protective order required by § 18.2-60.4, shall remain in effect upon petition for or the pendency of an appeal or writ of error unless ordered suspended by the judge of a circuit court or so directed in a writ of supersedeas by the Court of Appeals or the Supreme Court.
1956, c. 555; 1977, c. 624; 1990, c. 217; 1997, c. 831; 2009, c. 729; 2013, cc. 73, 97; 2014, c. 784; 2015, c. 714; 2020, cc. 1048, 1049.
Structure Code of Virginia
Title 16.1 - Courts Not of Record
Chapter 6 - Venue, Jurisdiction and Procedure in Civil Matters
§ 16.1-77. Civil jurisdiction of general district courts; amending amount of claim
§ 16.1-77.1. When general district court may give judgment on forthcoming bond
§ 16.1-77.2. Jurisdiction of partition of personal property and proceedings therefor
§ 16.1-78. Judgment by confession not affected
§ 16.1-79. Actions brought on warrant
§ 16.1-79.1. Electronic filing of civil cases
§ 16.1-80. Service of warrant and return thereof
§ 16.1-81. Actions brought by motion for judgment
§ 16.1-81.1. Certain corporations; pro se representation
§ 16.1-82. Service of motion; return thereon and delivery to the court; how disposed of
§ 16.1-83. Consent of parties required for trial within five days of service
§ 16.1-83.1. Certification of expert witness opinion at time of service of process
§ 16.1-84. When action or proceeding not lost; when matured for hearing
§ 16.1-85. What term "warrant" to include
§ 16.1-86. When action deemed brought
§ 16.1-88. Procedure when plaintiff sues on sworn claim
§ 16.1-88.03. Pleadings and other papers by certain parties not represented by attorneys
§ 16.1-89. Subpoena duces tecum; attorney-issued subpoena duces tecum
§ 16.1-90. Recognizance upon continuation of case
§ 16.1-91.1. Costs to be included in judgment on forthcoming bond
§ 16.1-91.2. Judge to keep record of judgment on forthcoming bond; how to endorse execution
§ 16.1-93. Principles applicable to trial of cases
§ 16.1-94. Judgment to be noted on papers; formal orders may be entered
§ 16.1-94.01. When and how satisfaction entered on judgment
§ 16.1-94.1. Limitations on enforcement of district court judgments
§ 16.1-95. Abstract of judgment
§ 16.1-96. What abstract to contain
§ 16.1-97.1. When a new trial is granted
§ 16.1-98. Fieri facias or writ of possession on judgment
§ 16.1-99. When and where executions returnable; to whom directed
§ 16.1-100. Additional executions; by whom issued
§ 16.1-101. Proceedings against officer failing to make or making improper return
§ 16.1-102. Officers and sureties liable for money collected after return day
§ 16.1-103. Proceedings by interrogatories
§ 16.1-106. Appeals from courts not of record in civil cases
§ 16.1-106.1. Withdrawal of appeal in civil cases
§ 16.1-107. Requirements for appeal
§ 16.1-108. Deposit of money in lieu of bond
§ 16.1-109. Appellate court may require new or additional security
§ 16.1-110. Bankruptcy of appellant does not release surety
§ 16.1-111. Court to which appeal sent
§ 16.1-112. All papers transmitted to appellate court; further proceedings
§ 16.1-114.1. Principles applicable in trial of appeals; defective or irregular warrants or motions
§ 16.1-117. When papers in civil cases in certain municipal courts may be destroyed
§ 16.1-118. When papers in civil cases returned to courts of record may be destroyed
§ 16.1-118.1. Destruction of papers in civil cases in certain district courts
§ 16.1-119. Proceedings to try title to property levied on under distress or execution
§ 16.1-120. Summons in such case
§ 16.1-121. Order after hearing
§ 16.1-122.1. Small claims court; designated
§ 16.1-122.3. Actions; how commenced; notice; continuances; pleadings
§ 16.1-122.4. Representation and removal; rights of parties
§ 16.1-122.5. Informal hearings; rules of evidence suspended