A bond for obtaining any writ or order may be executed by any person with sufficient surety, though neither be a party to the case.
§ 8.01-4.2.Who may execute bond for obtaining writ or order.
Chapter 1. General Provisions As to Civil Cases · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-4.2 allows any person with sufficient surety to execute a bond needed to obtain a writ or order, whether or not that person is a party to the case.
Full Text of § 8.01-4.2
Plain-English Summary
Litigation sometimes requires posting a bond before a court will issue a particular writ or order — an injunction bond or an attachment bond, for example. Section 8.01-4.2 makes clear that the person who signs that bond does not have to be a party to the underlying case. Anyone with sufficient surety may execute it.
That flexibility matters in practice: a party who needs a bond to obtain relief is not limited to using their own credit or assets. A relative, business associate, or other third party willing to stand as surety can execute the bond on the party’s behalf, so long as the surety offered is sufficient to secure the obligation the bond protects.
Frequently Asked Questions
Does the person who signs a bond for a writ or order have to be a party to the lawsuit?
No. Section 8.01-4.2 allows any person with sufficient surety to execute the bond, whether or not that person is a party to the case.
What is required of the person executing the bond?
Section 8.01-4.2 requires only that the person have sufficient surety — adequate security or backing for the obligation the bond covers.
What kinds of court proceedings involve this type of bond?
Section 8.01-4.2 speaks generally to any bond required for obtaining a writ or order, which covers situations such as injunction bonds and other bonds courts require before granting particular relief.
Can a friend or relative post this bond on a litigant’s behalf?
Yes, as long as that person offers sufficient surety. Section 8.01-4.2 does not limit who may execute the bond to the party seeking the writ or order.
Why does Virginia allow a non-party to execute this kind of bond?
Requiring only sufficient surety, rather than requiring the bond to come from a party personally, gives litigants more practical options for securing the obligation a writ or order requires.
Amendment History
Code 1950, § 8-4; 1977, c. 617.
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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