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VA · rules

Va. Sup. Ct. R. 5A:17

Security for Appeal

activein force · 2022-05-02 – presentact-effective-date

(a) Form for Security. — All security for appeal required under Code § 8.01-676.1

must substantially conform to the forms set forth in the Appendix to this Part Five A.

(b) Security for Appeal; Defects. — Whenever an appellant files an appeal bond or

irrevocable letter of credit, he must contemporaneously give notice in writing to the

appellee. The time for initially filing the appeal bond or letter of credit prescribed by

Code § 8.01-676.1(A) and (B) is not jurisdictional under Code § 8.01-676.1(P), and the

time for filing such security may be extended by a judge of this Court on motion for good

cause shown. No appeal will be dismissed because of a defect in any appeal bond or

irrevocable letter of credit unless an appellee, within 21 days after the giving of such

notice, files with the clerk of this Court a statement in writing of the defects in the bond

or irrevocable letter of credit, and unless the appellant fails to correct such defects, if any,

within 21 days after such statement is filed. If the appellant fails to correct such defects

within 21 days, an appellee may move that the appeal be dismissed and it will be

dismissed unless the appellant satisfies this Court that the bond or irrevocable letter of

credit, either as originally given or as amended, has been filed as required by law.

History

Promulgated by Order dated April 30, 2010; effective July 1, 2010. Last amended by Order dated May 2, 2022; effective immediately.

Provenance

Source
www.vacourts.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
2487d32bdf54816028d472f06adfd89f1fdd2e64b5b323fffeabbef589bdde5c
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