VirginiaHB11112026 Regular SessionHouse

Civil litigation; suspension bonds and irrevocable letters of credit upon appeal.

Sponsored By: Jen Kiggans - to resign 12/31 (Republican)

Became Law

Summary

Civil litigation; suspension bonds and irrevocable letters of credit upon appeal. Increases the cap currently in place for suspension bonds and irrevocable letters of credit for appellants during the pendency of an appeal of a civil action from $25 million to $50 million. The bill also requires, beginning April 1, 2031, and at each five-year interval ending on April 1 thereafter, this monetary cap to be adjusted to reflect the change in the Consumer Price Index for All Urban Consumers as published by the Bureau of Labor Statistics of the U.S. Department of Labor.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 1 benefits, 0 costs, 6 mixed.

Civil appeals: $500 bond and filing rules

In civil appeals of right, you must file a $500 appeal bond or an irrevocable letter of credit when you file the notice of appeal. If a petition for appeal is granted, you must file the same security within 15 days of the Certificate of Appeal. Filing the security is not jurisdictional, and a judge may extend the time for good cause. Standard bond and letter‑of‑credit forms are published, and you can file with the trial court, Workers’ Compensation Commission, or State Corporation Commission clerks without appearing in person. Bonds must be signed by you and an approved surety, or you may post a letter of credit from an authorized bank. You can pay the full amount in cash to the clerk instead of using a surety.

Courts can change bond terms fast

Trial courts and commissions may raise or lower bond amounts or change terms for good cause. The Court of Appeals or Supreme Court can also order changes, based on a motion or a request in your brief. If the court orders a change, you must make it in the clerk’s office within 15 days. Missing an ordered increase can dismiss your appeal or end the stay. A single appellate judge may decide bond issues to speed decisions.

How to pause a judgment on appeal

To stop enforcement while you appeal, you must file a suspending bond or letter of credit that promises to satisfy the judgment and pay damages from the delay. The security must include one year of interest calculated from your notice of appeal. Once filed and you pursue the appeal on time, the stay continues; more security is only required if a court orders it. The total suspending security for you and all affiliates is capped at $50 million. Starting April 1, 2031, the cap updates for inflation every five years. By March 1 of those years, the budget office sends the updated amounts to the Code Commission, and they take effect April 1.

Limited stays for support and injunctions

Courts may refuse to pause orders for support or custody, even if you post security. Courts may also refuse a stay in cases that grant, refuse, change, or end an injunction. The same bond rules, caps, waivers, and procedures apply when a court requires an injunction bond.

Waive some damages, but no hiding assets

A court may waive a suspending bond for damages beyond compensatory damages, or the parties may agree to a smaller amount. If the appellee proves you are dissipating or moving assets to dodge payment, the court must cancel any waiver or limit. The court can then require up to the full judgment as security. Routine business spending made before the judgment is not treated as hiding assets.

Who does not need appeal bonds

Criminal appeals do not require appeal or suspension bonds. If you are indigent, you are not required to post security for an appeal bond. No bond is required when the appeal protects a decedent’s estate, a person under disability, or the government’s interests. A workers’ compensation claimant who is unemployed because of disability does not have to post security for costs, but must file an affidavit and a motion with the Court of Appeals.

Special bond rules for SCC appeals

For appeals from the State Corporation Commission, you must file bonds or letters of credit when and in the amounts set by the Supreme Court clerk. The Commission or Supreme Court may suspend an order after notice if you file suitable security. The Commonwealth and local governments do not need sureties.

Sponsors & Cosponsors

Sponsor

  • Jen Kiggans - to resign 12/31

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 303 • No: 99

House vote 3/12/2026

Senate amendment agreed to by House

Yes: 63 • No: 35

Senate vote 3/11/2026

Reconsideration of Senate passage rejected by Senate

Yes: 40 • No: 0

Senate vote 3/11/2026

Defeated by Senate

Yes: 17 • No: 23

Senate vote 3/11/2026

Passed Senate with amendment

Yes: 39 • No: 1

Senate vote 3/11/2026

Senator Surovell Amendment agreed to

Yes: 0 • No: 0

Senate vote 3/10/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/10/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/9/2026

Reported from Courts of Justice

Yes: 9 • No: 6

House vote 2/17/2026

Read third time and passed House

Yes: 69 • No: 28

House vote 2/11/2026

Reported from Courts of Justice with substitute

Yes: 17 • No: 5

House vote 2/9/2026

Subcommittee recommends reporting with substitute

Yes: 9 • No: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0735)

    4/13/2026Governor
  2. Approved by Governor-Chapter 735 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  4. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  5. Signed by Speaker

    3/31/2026House
  6. Bill text as passed House and Senate (HB1111ER)

    3/30/2026House
  7. Enrolled

    3/30/2026House
  8. Signed by President

    3/30/2026Senate
  9. Senate amendment agreed to by House (63-Y 35-N 0-A)

    3/12/2026House
  10. Passed Senate with amendment (39-Y 1-N 0-A)

    3/11/2026Senate
  11. Senator Surovell Amendment agreed to

    3/11/2026Senate
  12. Reconsideration of Senate passage rejected by Senate (40-Y 0-N 0-A)

    3/11/2026Senate
  13. Defeated by Senate (17-Y 23-N 0-A)

    3/11/2026Senate
  14. Blank Action

    3/11/2026Senate
  15. Reading of amendment not waived

    3/11/2026Senate
  16. Read third time

    3/11/2026Senate
  17. Engrossed by Senate as amended

    3/11/2026Senate
  18. Passed by for the day Block Vote (Voice Vote)

    3/10/2026Senate
  19. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/10/2026Senate
  20. Rules suspended

    3/10/2026Senate
  21. Reported from Courts of Justice (9-Y 6-N)

    3/9/2026Senate
  22. Referred to Committee for Courts of Justice

    2/18/2026Senate
  23. Constitutional reading dispensed (on 1st reading)

    2/18/2026Senate
  24. Read third time and passed House (69-Y 28-N 0-A)

    2/17/2026House
  25. Engrossed by House - committee substitute

    2/16/2026House

Bill Text

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