Security for Appeal

(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. Promulgated by Order dated April 30, 2010; effective July 1, 2010. Last amended by Order dated May 2, 2022; effective immediately. RULES OF SUPREME COURT OF VIRGINIA PART FIVE A THE COURT OF APPEALS F. PROCEDURE FOLLOWING PERFECTION OF APPEAL