Local Rule 8007-1: APPEAL BOND

RULE 8007-1 APPEAL BOND

(A) Exemption From Appeal Bond: The Commonwealth of Virginia, or any political subdivision or any office or agent thereof, shall not be required, unless otherwise ordered by the Court, to post a bond or other undertaking which includes security for the payment of costs on appeal.

(B) Failure to Post Appeal Bond: In any case in which a monetary judgment is entered, and in such other cases as the Court may order, any party desiring to appeal from the adverse effect of such judgment shall be required, unless otherwise ordered by the Court, to post a bond or other security sufficient to respond to the judgment of the Court in the event of affirmance on appeal. In the event of failure to give such bond or other security, the prevailing party may enforce such judgment as provided by law without regard to the pendency of said appeal.

(C) Stipulation of Parties: In lieu of any bond or other security, the parties may stipulate with respect to any agreement or undertaking. In lieu of any cost bond, the parties may stipulate with respect to any agreement or undertaking conditioned that the moneys and properties of the Court are fully protected or prepaid.

Comments 8007-1 Rule 8005-1, Appeal Bond, is re-designated Rule 8007-1, Appeal Bond, which conforms to Federal Rule of Bankruptcy Procedure 8007. That rule, which takes effect December 1, 2014, is derived from former Federal Rule of Bankruptcy Procedure 8005 and Federal Rule of Appellate Procedure 8. [Change effective 12/01/14.]

8007-1 Paragraphs (A), (B), (C) of this rule are amended to conform to a revision to the Federal Rule of Bankruptcy Procedure 8007 that takes effect December 1, 2018. [Change effective 12/01/18.]