16.1-109 - Appellate court may require new or additional security. - Virginia Statutes

§ 16.1-109. Appellate court may require new or additional security.

A. The court to which the appeal is taken may on motion for good cause shown,after reasonable notice to the appellant, require the appellant to give newor additional security, and if such security be not given within the timeprescribed by the appellate court the appeal shall be dismissed with costs,and the judgment or order of the court from which the appeal was taken shallremain in effect and the appellate court shall award execution thereon, withcosts, against the appellant and his surety.

B. When a bond or other security is required by law to be posted or given inconnection with an appeal or removal from a district court, and there iseither (i) a defect in such bond or other security as a result of an error ofthe district court, or (ii) the district court erroneously failed to requirethe bond or other security, and the defect or failure is discovered prior tosending the case to the circuit court, the district court shall order thatthe appellant or applicant for removal cure such defect or failure within aperiod not longer than the initial period of time for posting the bond orgiving the security. If the error or failure is discovered after the case hasbeen sent to the circuit court, the circuit court shall return the case tothe district court for the district court to order the appellant or applicantfor removal to cure the defect or post the required bond or give the requiredsecurity within a period of time not longer than the initial period of timefor posting the bond or giving the security for removal. Failure to complywith such order shall result in the disallowance of the appeal or denial ofthe application for removal.

(1956, c. 555; 2007, c. 464.)