Appeal from judgment of general district court

A. An appeal shall lie from the judgment of a general district court, in any proceeding under this article, to the circuit court in the same manner and with like effect and upon like security as appeals taken under the provisions of § 16.1-106 et seq. except as specifically provided in this section. The appeal shall be taken within 10 days and the security approved by the court from which the appeal is taken. Notwithstanding the provisions of § 16.1-106 et seq., the bond shall be posted and the writ tax paid within 10 days of the date of the judgment.

B. In any unlawful detainer case filed under § 8.01-126 , if a judge grants the plaintiff a judgment for possession of the premises, upon request of the plaintiff, the judge shall further order that the writ of eviction issue immediately upon entry of judgment for possession. In such case, the clerk shall deliver the writ of eviction to the sheriff, who shall then, at least 72 hours prior to execution of such writ, serve notice of intent to execute the writ, including the date and time of eviction, as provided in § 8.01-470 . In no case, however, shall the sheriff evict the defendant from the dwelling unit prior to the expiration of the defendant's 10-day appeal period. If the defendant perfects an appeal, the sheriff shall return the writ to the clerk who issued it.

In accordance with the provisions of § 16.1-107 , when the appeal is taken by the defendant, he shall give bond, in an amount and with sufficient surety approved by the judge or his clerk, or in an amount sufficient to satisfy the judgment of the court in which it was rendered, including an award of attorney fees, if any. No indigent defendant shall be required to post an appeal bond. Trial by jury shall be had upon application of any party. For the purposes of this subsection, "indigent" means that the defendant has been determined to be eligible for services and processes without fees or costs pursuant to § 19.2-159 .

Code 1950, § 8-794; 1950, p. 68; 1977, c. 617; 1984, c. 565; 1998, c. 750 ; 2004, c. 343 ; 2008, c. 489 ; 2017, c. 481 ; 2018, c. 145 ; 2019, cc. 180 , 700 ; 2026, c. 579 .