HB 792

            
2020 SESSION

20104859D

HOUSE BILL NO. 792


Offered January 8, 2020


Prefiled January 7, 2020

A BILL to amend and reenact � 16.1-106 of the Code of 
 Virginia, relating to appeals of right in general district court; orders or judgment 
 altering prior final orders or judgments; separate notices of appeal.
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Patron-- Simon

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Referred to Committee for Courts of Justice

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Be it enacted by the General Assembly of Virginia:
 
 
1. That � 16.1-106 of the Code of Virginia is amended and 
 reenacted as follows:
 
 
� 16.1-106. Appeals from courts not of record in civil cases.
 
 
A. From 
 any order entered or judgment rendered in a court not of record in a civil case 
 in which the matter in controversy is of greater value than $20, exclusive of 
 interest, any attorney fees contracted for in the instrument, and costs, or 
 when the case involves the constitutionality or validity of a statute of the 
 Commonwealth, or of an ordinance or bylaw of a municipal corporation, or of the 
 enforcement of rights and privileges conferred by the Virginia Freedom of 
 Information Act (� 2.2-3700 et seq.), or of a protective order pursuant to � 
 19.2-152.10, or of an action filed by a condominium unit owners association or 
 unit owner pursuant to � 55.1-1959, or of an action filed by a property owners 
 association or lot owner pursuant to � 55.1-1819, 
 or from any order entered or judgment rendered in a general district court that 
 alters, amends, overturns, or vacates any prior final order entered or judgment 
 rendered on any issues previously adjudicated on the merits in the prior 
 proceeding, there shall be an 
 appeal of right, if taken within 10 days after such order or judgment, to a 
 court of record. Such appeal shall be to a court of record having jurisdiction 
 within the territory of the court from which the appeal is taken and shall be 
 heard de novo.
 
 
B. Notwithstanding 
 subsection A, if any party timely notices an appeal from an order entered or 
 judgment rendered in a general district court in any action relating to 
 identified conduct, a transaction, or an occurrence, 
 any other party may file a separate notice of appeal relating to any other 
 final order or judgment entered in the action or in a separate action relating 
 to such conduct, 
 transaction, or occurrence 
 by filing a notice of appeal 
 within the original 10-day appeal period provided by subsection 
 A, or within five business days after such original notice of appeal 
 is filed, whichever is later. 
 Such separate notice of appeal must identify the claim, defense, pleading, 
 or other issue and the order or judgment being appealed.
 
 
If an appeal (i) is 
 noted after the original 10-day appeal period has expired or (ii) is noted and 
 perfected after the sheriff has served the notice of intent to execute a writ 
 of eviction, which is required to be served at least 72 hours before such 
 eviction in accordance with law, the party noting or noting and perfecting such 
 appeal shall notify the sheriff of such appeal.
 
 
C. The 
 court from which an appeal is sought may refuse to suspend the execution of a 
 judgment that refuses, grants, modifies, or dissolves an injunction in a case 
 brought pursuant to � 2.2-3713 of the Virginia Freedom of Information Act. A 
 protective order issued pursuant to � 19.2-152.10, including a protective order 
 required by � 18.2-60.4, shall remain in effect upon petition for or the 
 pendency of an appeal or writ of error unless ordered suspended by the judge of 
 a circuit court or so directed in a writ of supersedeas by the Court of Appeals 
 or the Supreme Court.