§ 8.01-129.Appeal from judgment of general district court.

Section 8.01-129 governs the path from a general district court’s ruling to circuit court. An appeal lies from that judgment, in the same manner, with the same effect, and on the same kind of security as appeals generally take under Section 16.1-106 and following, except where this section provides otherwise. The appeal has to be taken within ten days, with security approved by the court that entered the judgment, and both the bond and the writ tax must be posted and paid within that same ten-day window.

For cases filed under Section 8.01-126, the section adds a faster enforcement track. If the judge grants the plaintiff a judgment for possession and the plaintiff asks, the judge orders the writ of eviction to issue immediately upon entry of that judgment. The clerk delivers the writ to the sheriff, who has to serve notice of intent to execute — including the date and time of the eviction — at least seventy-two hours before carrying it out. Even so, the sheriff cannot evict the defendant from the dwelling before the ten-day appeal period expires, and if the defendant perfects an appeal within that window, the sheriff returns the writ unexecuted to the clerk.

When the defendant is the one appealing, the defendant must post bond, in an amount and with surety the judge or clerk approves, or in an amount sufficient to satisfy the judgment, including any attorney fees awarded. An indigent defendant — someone found eligible for fee-free services under Section 19.2-159 — does not have to post an appeal bond at all. Trial by jury remains available on any party’s application, regardless of which side is appealing.