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

§ 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,(ii) for the nonpayment of rent where the writ of execution shall issueimmediately upon entry of judgment for possession, if requested by theplaintiff, or (iii) for immediate nonremediable terminations where the writof execution shall issue immediately upon entry of judgment for possession,if requested by the plaintiff. When the appeal is taken by the defendant, heshall be required to give security also for all rent which has accrued andmay accrue upon the premises, but for not more than one year's rent, and alsofor all damages that have accrued or may accrue from the unlawful use andoccupation of the premises for a period not exceeding three months. Trial byjury shall be had upon application of any party.

(Code 1950, § 8-794; 1950, p. 68; 1977, c. 617; 1984, c. 565; 1998, c. 750;2004, c. 343; 2008, c. 489.)