Civil Division

Fairfax County, Virginia

CONTACT INFORMATION: Monday-Friday, 8 A.M. - 4 P.M. (Phones close at 3:30 P.M.)

4110 Chain Bridge Road, Room 211
Fairfax, VA 22030

Laura Litz,
Division Manager

Civil Appeals

Civil case appeals from the judgments of the Court must be noted in writing within ten calendar days and must be perfected within thirty calendar days from the date of the judgment by posting the bond (includes bond amount plus court costs plus attorney fees), paying the writ tax and circuit court notice fee, and signing the Civil Appeal Bond (form DC-460). In unlawful detainer actions, the bond, writ tax, and notice fee must be posted and the appeal perfected within ten calendar days (see Code of Virginia, §16.1-107 for exceptions on foreclosures and other information regarding appeals). (Note: Begin counting day one of the appeal period on the day after judgment. If the tenth or thirtieth day falls on a day when Court is closed, such as a holiday or weekend, then the appeal period extends to the next day Court is open.) Notice and perfection of appeals shall be filed with the Civil Clerk's Office during business hours, Monday through Friday.

Either the plaintiff or the defendant has the right to appeal to the Circuit Court any decision where the amount in controversy exceeds $50, or is for possession on an unlawful detainer action. An appeal may be noted by a party or by the attorney for such party (see Virginia Supreme Court Rule 7A:13 for exceptions). The DC-475, Notice of Appeal form, is available at the Clerk’s Office for noting an appeal. The denial of a motion to rehear may not be appealed.

A judge will determine the amount of bond, if any, needed to file an appeal. Before filing an appeal, the party must check with the Civil Clerk’s Office as to the amount of the bond and other fees. In all civil cases except those for trespass, ejectment, or any action involving the recovery of rent (unlawful detainer), no indigent person shall be required to post an appeal bond. Qualification for indigent status is determined by a judge at the time of appeal.

Payment of the bond must be paid by one of the following methods, unless otherwise waived by the General District Court:

  • Cash
  • Surety Bond (requires the surety bondsman in attendance at the time of the appeal for their oath and signature). They must also produce a photocopy of their power of attorney. Writ tax and notice fee paid must be paid separately.
  • Attorney Escrow Check with Bar Number (not attorney’s personal check) made payable to Fairfax Circuit Court. (The bond amount can be combined with the writ tax and notice fee.)
  • Wire Transfer to Fairfax General District Court’s bank account–see clerk for specific account and routing information.
  • Insurance company’s written confirmation of liability coverage:
    • Must be on Original Insurance Company’s Letterhead
    • Must have the case style and case number
    • Must include the dollar amount of bond + costs + attorney fees
    • Must have an Original signature
    • Writ tax and notice fee are paid separately

Payment of the writ tax and notice fee must be paid by one of the following methods, unless otherwise waived by the Circuit Court:

  • Cash
  • Attorney Escrow Check with Bar Number (not attorney’s personal check) made payable to Fairfax Circuit Court. (The writ tax and notice fees can be combined with the bond amount.)
  • Wire Transfer to Fairfax General District Court’s bank account–see clerk for specific account and routing information.
  • Personal or Company check made payable to Fairfax General District Court. The appeal will be held for 20 days to allow time for the check to process.

Some appeals must be perfected in person at the Civil Clerk’s Office as noted above. If no bond is required or the bond does not require a bondsman, the DC-475 appeal form may be downloaded from the Supreme Court (www.vacourts.gov) and submitted by mail along with payment for the required notice fee, writ tax, and any bond. Timely delivery of the mail is at the sender’s risk.

An appeal may be withdrawn in the General District Court or in the Circuit Court. If the appeal has not been perfected by posting a required bond or paying costs, or within ten days after entry of judgment when no bond is required, the appeal may be withdrawn by filing written notice in the General District Court with copies to all parties or their counsel. When an appeal is withdrawn in the General District Court, the original disposition stands. After the appeal is perfected by posting the bond or paying costs, or after ten days have elapsed since the entry of the judgment when no bond or costs are required, the appealing party may request that the appeal be withdrawn by filing notice in the Circuit Court with copies to all parties or their counsel. If the withdrawal is approved, the Circuit Court will enter an order reaffirming the judgment entered in the General District Court (see Code of Virginia, §16.1-106.1). The case remains in the Circuit Court.