§ 16.1-106.1. Withdrawal of appeal in civil cases.
A. A party who has appealed a final judgment or order rendered by a generaldistrict court or a juvenile and domestic relations district court in a civilcase may seek to withdraw that appeal at any time.
1. If the appeal has not been perfected by posting a required appeal bond orpaying required costs, or within 10 days after entry of the judgment or orderwhen no appeal bond or costs are required to perfect the appeal, the appealmay be withdrawn by filing in the district court that entered the judgment ororder and serving, in person or by first-class mail, on all parties or theircounsel a written notice of intent to withdraw the appeal. When the appeal iswithdrawn in the district court, the judgment or order of the district courtshall have the same effect as if no appeal had been noted.
2. After the appeal is perfected by posting a required appeal bond or payingrequired costs, or after 10 days have elapsed since the entry of the judgmentor order when no appeal bond or costs are required to perfect the appeal, anappealing party may request that the appeal be withdrawn by filing in thecircuit court and serving, in person or by first-class mail, on all partiesor their counsel a written notice of intent to withdraw the appeal.
B. Upon receipt of a notice of intent to withdraw an appeal filed in thecircuit court, any party to the appeal, or the circuit court on its ownmotion, may give notice of a hearing, which shall be scheduled no later thanthe date set by the circuit court for trial of the appeal. Unless the hearingis scheduled at the time previously set for trial of the appeal, notice ofthe hearing shall be given, in person or by first-class mail, to all partiesor their counsel, any non-party who has posted an appeal bond, and, whenappropriate, the Department of Social Services, Division of Child SupportEnforcement.
C. At the hearing, the circuit court shall determine whether any partyobjects to the proposed withdrawal. A party may object to the withdrawal ofan appeal by filing in the circuit court and serving, in person or byfirst-class mail, on all parties or their counsel a written notice ofobjection to withdrawal of the appeal. If such a written objection is filedand served within a reasonable period after service of the notice of intentto withdraw the appeal, upon a showing of good cause by the party objectingto the withdrawal of the appeal, the circuit court may decline to permit thewithdrawal of the appeal. If no such written objection is timely filed, theappeal shall be deemed to be withdrawn and, subject to subsections E and F,the circuit court shall enter an order disposing of the case in accordancewith the judgment or order entered in the district court.
D. If a party who has appealed a judgment or order of a district court failsto appear in circuit court either at the time for setting the appeal fortrial or on the trial date, the circuit court may, upon the motion of anyparty, enter an order treating the appeal as withdrawn and disposing of thecase in accordance with this section. If no party appears for trial, thecourt may deem the appeal to be withdrawn without a motion and enter an orderdisposing of the case in accordance with this section.
E. Upon the withdrawal of an appeal from a general district court, thecircuit court shall, upon request of a party who did not appeal the judgmentor order, determine whether, as a result of the appeal, a party has a rightto additional relief in the circuit court which has accrued since the appealwas noted, including but not limited to attorneys' fees provided for bycontract or statute. Subject to any rights of a surety pursuant to §16.1-110, the circuit court shall also order its clerk to disburse any cashbond posted to perfect the appeal as follows:
1. First, to the clerk of the court to cover taxable costs in the circuitcourt as provided by statute;
2. Second, to the prevailing party in an amount sufficient to satisfy anyjudgment or order entered in the general district court and any additionalrelief granted by the circuit court; and
3. Third, the balance, if any, to the person who posted the bond in thegeneral district court.
In addition, the circuit court shall enter such order as may be appropriateto conclude all matters arising out of the appeal from the general districtcourt.
F. Upon the withdrawal of an appeal from a juvenile and domestic relationsdistrict court, the circuit court shall, upon request of a party who did notappeal the judgment or order, determine whether, as a result of the appeal, aparty has a right to additional relief in the circuit court which has accruedsince the appeal was noted, including but not limited to attorneys' feesprovided for by contract or statute. Subject to any rights of a suretypursuant to § 16.1-110, the circuit court shall also order its clerk todisburse any cash bond posted to perfect the appeal as follows:
1. First, to the clerk of the court to cover taxable costs in the circuitcourt as provided by statute;
2. Second, to the prevailing party in an amount sufficient to satisfy anyjudgment or order entered in the juvenile and domestic relations districtcourt and any additional relief granted by the circuit court; and
3. Third, the balance, if any, to the person who posted the bond in thejuvenile and domestic relations district court.
In addition, the circuit court shall enter such order as may be appropriateto conclude all matters arising out of the petition or motion filed in thejuvenile and domestic relations district court and the appeal in circuitcourt, consistent with the judgment or order entered in the juvenile anddomestic relations district court, as modified by the grant of any additionalrelief by the circuit court pursuant to this subsection. Unless the circuitcourt orders that the case remain in the circuit court, the case shall beremanded to the juvenile and domestic relations district court for purposesof enforcement and future modification and shall be subject to all therequirements of § 16.1-297.
§ 16.1-106.1. Withdrawal of appeal in civil cases.
A. A party who has appealed a final judgment or order rendered by a generaldistrict court or a juvenile and domestic relations district court in a civilcase may seek to withdraw that appeal at any time.
1. If the appeal has not been perfected by posting a required appeal bond orpaying required costs, or within 10 days after entry of the judgment or orderwhen no appeal bond or costs are required to perfect the appeal, the appealmay be withdrawn by filing in the district court that entered the judgment ororder and serving, in person or by first-class mail, on all parties or theircounsel a written notice of intent to withdraw the appeal. When the appeal iswithdrawn in the district court, the judgment or order of the district courtshall have the same effect as if no appeal had been noted.
2. After the appeal is perfected by posting a required appeal bond or payingrequired costs, or after 10 days have elapsed since the entry of the judgmentor order when no appeal bond or costs are required to perfect the appeal, anappealing party may request that the appeal be withdrawn by filing in thecircuit court and serving, in person or by first-class mail, on all partiesor their counsel a written notice of intent to withdraw the appeal.
B. Upon receipt of a notice of intent to withdraw an appeal filed in thecircuit court, any party to the appeal, or the circuit court on its ownmotion, may give notice of a hearing, which shall be scheduled no later thanthe date set by the circuit court for trial of the appeal. Unless the hearingis scheduled at the time previously set for trial of the appeal, notice ofthe hearing shall be given, in person or by first-class mail, to all partiesor their counsel, any non-party who has posted an appeal bond, and, whenappropriate, the Department of Social Services, Division of Child SupportEnforcement.
C. At the hearing, the circuit court shall determine whether any partyobjects to the proposed withdrawal. A party may object to the withdrawal ofan appeal by filing in the circuit court and serving, in person or byfirst-class mail, on all parties or their counsel a written notice ofobjection to withdrawal of the appeal. If such a written objection is filedand served within a reasonable period after service of the notice of intentto withdraw the appeal, upon a showing of good cause by the party objectingto the withdrawal of the appeal, the circuit court may decline to permit thewithdrawal of the appeal. If no such written objection is timely filed, theappeal shall be deemed to be withdrawn and, subject to subsections E and F,the circuit court shall enter an order disposing of the case in accordancewith the judgment or order entered in the district court.
D. If a party who has appealed a judgment or order of a district court failsto appear in circuit court either at the time for setting the appeal fortrial or on the trial date, the circuit court may, upon the motion of anyparty, enter an order treating the appeal as withdrawn and disposing of thecase in accordance with this section. If no party appears for trial, thecourt may deem the appeal to be withdrawn without a motion and enter an orderdisposing of the case in accordance with this section.
E. Upon the withdrawal of an appeal from a general district court, thecircuit court shall, upon request of a party who did not appeal the judgmentor order, determine whether, as a result of the appeal, a party has a rightto additional relief in the circuit court which has accrued since the appealwas noted, including but not limited to attorneys' fees provided for bycontract or statute. Subject to any rights of a surety pursuant to §16.1-110, the circuit court shall also order its clerk to disburse any cashbond posted to perfect the appeal as follows:
1. First, to the clerk of the court to cover taxable costs in the circuitcourt as provided by statute;
2. Second, to the prevailing party in an amount sufficient to satisfy anyjudgment or order entered in the general district court and any additionalrelief granted by the circuit court; and
3. Third, the balance, if any, to the person who posted the bond in thegeneral district court.
In addition, the circuit court shall enter such order as may be appropriateto conclude all matters arising out of the appeal from the general districtcourt.
F. Upon the withdrawal of an appeal from a juvenile and domestic relationsdistrict court, the circuit court shall, upon request of a party who did notappeal the judgment or order, determine whether, as a result of the appeal, aparty has a right to additional relief in the circuit court which has accruedsince the appeal was noted, including but not limited to attorneys' feesprovided for by contract or statute. Subject to any rights of a suretypursuant to § 16.1-110, the circuit court shall also order its clerk todisburse any cash bond posted to perfect the appeal as follows:
1. First, to the clerk of the court to cover taxable costs in the circuitcourt as provided by statute;
2. Second, to the prevailing party in an amount sufficient to satisfy anyjudgment or order entered in the juvenile and domestic relations districtcourt and any additional relief granted by the circuit court; and
3. Third, the balance, if any, to the person who posted the bond in thejuvenile and domestic relations district court.
In addition, the circuit court shall enter such order as may be appropriateto conclude all matters arising out of the petition or motion filed in thejuvenile and domestic relations district court and the appeal in circuitcourt, consistent with the judgment or order entered in the juvenile anddomestic relations district court, as modified by the grant of any additionalrelief by the circuit court pursuant to this subsection. Unless the circuitcourt orders that the case remain in the circuit court, the case shall beremanded to the juvenile and domestic relations district court for purposesof enforcement and future modification and shall be subject to all therequirements of § 16.1-297.
§ 16.1-106.1. Withdrawal of appeal in civil cases.
A. A party who has appealed a final judgment or order rendered by a generaldistrict court or a juvenile and domestic relations district court in a civilcase may seek to withdraw that appeal at any time.
1. If the appeal has not been perfected by posting a required appeal bond orpaying required costs, or within 10 days after entry of the judgment or orderwhen no appeal bond or costs are required to perfect the appeal, the appealmay be withdrawn by filing in the district court that entered the judgment ororder and serving, in person or by first-class mail, on all parties or theircounsel a written notice of intent to withdraw the appeal. When the appeal iswithdrawn in the district court, the judgment or order of the district courtshall have the same effect as if no appeal had been noted.
2. After the appeal is perfected by posting a required appeal bond or payingrequired costs, or after 10 days have elapsed since the entry of the judgmentor order when no appeal bond or costs are required to perfect the appeal, anappealing party may request that the appeal be withdrawn by filing in thecircuit court and serving, in person or by first-class mail, on all partiesor their counsel a written notice of intent to withdraw the appeal.
B. Upon receipt of a notice of intent to withdraw an appeal filed in thecircuit court, any party to the appeal, or the circuit court on its ownmotion, may give notice of a hearing, which shall be scheduled no later thanthe date set by the circuit court for trial of the appeal. Unless the hearingis scheduled at the time previously set for trial of the appeal, notice ofthe hearing shall be given, in person or by first-class mail, to all partiesor their counsel, any non-party who has posted an appeal bond, and, whenappropriate, the Department of Social Services, Division of Child SupportEnforcement.
C. At the hearing, the circuit court shall determine whether any partyobjects to the proposed withdrawal. A party may object to the withdrawal ofan appeal by filing in the circuit court and serving, in person or byfirst-class mail, on all parties or their counsel a written notice ofobjection to withdrawal of the appeal. If such a written objection is filedand served within a reasonable period after service of the notice of intentto withdraw the appeal, upon a showing of good cause by the party objectingto the withdrawal of the appeal, the circuit court may decline to permit thewithdrawal of the appeal. If no such written objection is timely filed, theappeal shall be deemed to be withdrawn and, subject to subsections E and F,the circuit court shall enter an order disposing of the case in accordancewith the judgment or order entered in the district court.
D. If a party who has appealed a judgment or order of a district court failsto appear in circuit court either at the time for setting the appeal fortrial or on the trial date, the circuit court may, upon the motion of anyparty, enter an order treating the appeal as withdrawn and disposing of thecase in accordance with this section. If no party appears for trial, thecourt may deem the appeal to be withdrawn without a motion and enter an orderdisposing of the case in accordance with this section.
E. Upon the withdrawal of an appeal from a general district court, thecircuit court shall, upon request of a party who did not appeal the judgmentor order, determine whether, as a result of the appeal, a party has a rightto additional relief in the circuit court which has accrued since the appealwas noted, including but not limited to attorneys' fees provided for bycontract or statute. Subject to any rights of a surety pursuant to §16.1-110, the circuit court shall also order its clerk to disburse any cashbond posted to perfect the appeal as follows:
1. First, to the clerk of the court to cover taxable costs in the circuitcourt as provided by statute;
2. Second, to the prevailing party in an amount sufficient to satisfy anyjudgment or order entered in the general district court and any additionalrelief granted by the circuit court; and
3. Third, the balance, if any, to the person who posted the bond in thegeneral district court.
In addition, the circuit court shall enter such order as may be appropriateto conclude all matters arising out of the appeal from the general districtcourt.
F. Upon the withdrawal of an appeal from a juvenile and domestic relationsdistrict court, the circuit court shall, upon request of a party who did notappeal the judgment or order, determine whether, as a result of the appeal, aparty has a right to additional relief in the circuit court which has accruedsince the appeal was noted, including but not limited to attorneys' feesprovided for by contract or statute. Subject to any rights of a suretypursuant to § 16.1-110, the circuit court shall also order its clerk todisburse any cash bond posted to perfect the appeal as follows:
1. First, to the clerk of the court to cover taxable costs in the circuitcourt as provided by statute;
2. Second, to the prevailing party in an amount sufficient to satisfy anyjudgment or order entered in the juvenile and domestic relations districtcourt and any additional relief granted by the circuit court; and
3. Third, the balance, if any, to the person who posted the bond in thejuvenile and domestic relations district court.
In addition, the circuit court shall enter such order as may be appropriateto conclude all matters arising out of the petition or motion filed in thejuvenile and domestic relations district court and the appeal in circuitcourt, consistent with the judgment or order entered in the juvenile anddomestic relations district court, as modified by the grant of any additionalrelief by the circuit court pursuant to this subsection. Unless the circuitcourt orders that the case remain in the circuit court, the case shall beremanded to the juvenile and domestic relations district court for purposesof enforcement and future modification and shall be subject to all therequirements of § 16.1-297.
