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2011 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 16.1-107 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-107. Requirements for appeal.
No appeal shall be allowed unless and until the party applying
for the same or someone for him shall give bond, in an amount and with
sufficient surety approved by the judge or by his clerk if there is one, to
abide by such judgment as may be rendered on appeal if such appeal is
perfected, or if not so perfected or if withdrawn pursuant to § 16.1-106.1,
then or in an amount sufficient to satisfy the judgment of the
court in which it was rendered. Such bond shall be posted within 30 days from
the date of judgment, except for an appeal from the judgment of a general district
court on an unlawful detainer pursuant to § 8.01-129. However, no appeal bond
shall be required of a plaintiff in a civil case where the defendant has not
asserted a counterclaim, the Commonwealth or when an appeal is proper to
protect the estate of a decedent, an infant, a convict, or an insane person, or
the interest of a county, city, town or transportation district created
pursuant to Chapter 45 (§ 15.2-4500 et seq.) of Title 15.2. No appeal bond
shall be required of a defendant with indemnity coverage through a policy of
liability insurance sufficient to satisfy the judgment if the defendant's
insurer provides a written irrevocable confirmation of coverage in the amount
of the judgment. If defendant's insurer does not provide a written irrevocable
confirmation of coverage in the amount of the judgment then an appeal bond will
be required. In all civil cases, except trespass, ejectment, unlawful
detainer against a former owner based upon a foreclosure against that owner, or
any action involving the recovering rents, no indigent person shall be required
to post an appeal bond. In cases of unlawful detainer against a former owner
based upon a foreclosure against that owner, a person who has been determined
to be indigent pursuant to the guidelines set forth in § 19.2-159 shall post an
appeal bond within 30 days from the date of judgment.
If such bond is furnished by or on behalf of any party against whom judgment has been rendered for money or property or both, the bond shall be conditioned for the performance and satisfaction of such judgment or order as may be entered against such party on appeal, and for the payment of all costs and damages which may be awarded against him in the appellate court. If the appeal is by a party against whom there is no recovery except for costs, the bond shall be conditioned for the payment of such costs and damages as may be awarded against him on the appeal.
In addition to the foregoing, any party applying for appeal shall, within 30 days from the date of the judgment, pay to the clerk of the court from which the appeal is taken the amount of the writ tax of the court to which the appeal 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 the circuit court pursuant to § 16.1-112.