§ 8.01-685.Entry of decision in lower court; issue of execution thereon.
Chapter 26.2. Appeals Generally · Article 3. Limitations; Hearing and Decision · Last amended 1984 · Last verified July 16, 2026
In one sentenceSection 8.01-685 requires the lower court or tribunal to enter an appellate decision once received, letting execution issue as if that court had ruled itself, and lets a party enforce an affirmed judgment — plus interest, costs, and appellate damages, up to the bond's penalty — against the principal and surety on the appeal bond.
Full Text of § 8.01-685
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The court or other tribunal from which any case may have come to an appellate court shall enter the decision of the appellate court as its own, and execution or other appropriate process may issue thereon accordingly. When that decision is received by the clerk or secretary of the court or tribunal below, he shall enter it of record in his order book, and thereupon such execution may issue and such proceedings be had in the case as would have been proper if the decision had been entered in court or by such tribunal.
If the judgment of the lower court or tribunal is affirmed, in whole or in part, by the decision of an appellate court, execution or other appropriate process may issue thereon against the principal and surety on any appeal bond which may have been given, for the amount of such judgment, including the interest and cost and the damages awarded by the appellate court, not exceeding, however, the penalty of such bond.
Plain-English Summary
Once an appellate court decides a case, Section 8.01-685 tells the court or tribunal it came from what to do with that decision: enter it as its own, so that execution or other appropriate process may issue on it accordingly. When the clerk or secretary of the court or tribunal below receives the decision, he enters it in his order book, and from that point forward, execution can issue and proceedings can be had in the case just as would have been proper if the decision had been entered there in the first place.
Affirmance carries teeth against a bond. If the judgment of the lower court or tribunal is affirmed, in whole or in part, execution or other appropriate process may issue on that judgment against the principal and the surety on any appeal bond that was given, covering the amount of the judgment, including interest and costs and the damages the appellate court awarded, but never exceeding the penalty of the bond itself.
Frequently Asked Questions
What happens after the appellate court's decision reaches the court below?
The clerk or secretary of that court enters it in the order book, as its own decision.
Can execution issue once the decision is entered below?
Yes. Execution or other appropriate process may issue, and proceedings may be had in the case as would have been proper if the decision had been entered there.
If the judgment is affirmed, can I collect against the appeal bond?
Yes. Execution may issue against the principal and surety on any appeal bond for the amount of the judgment, including interest, costs, and the appellate court's damages.
Is there a limit on what can be collected from the surety on the bond?
Yes. Execution against the bond cannot exceed the penalty of the bond.
Does this section apply if the judgment is only partly affirmed?
Yes. It applies "if the judgment of the lower court or tribunal is affirmed, in whole or in part."
Amendment History
Code 1950, § 8-498; 1977, c. 617; 1984, c. 703.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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