Virginia § 53.1-40.4 - Appeal of order authorizing involuntary admission
Full text of Virginia Code of Virginia § 53.1-40.4 — Appeal of order authorizing involuntary admission, with citation guidance and answers to common questions.
§ 53.1-40.4. Appeal of order authorizing involuntary admission
A. Any prisoner involuntarily committed pursuant to § 53.1-40.2 shall have the right to appeal such order to the circuit court in the jurisdiction wherein the prisoner is located. The decision of the circuit court shall be final with no further right of appeal.
B. Such appeal must be filed within ten days from the date of the order and shall be given priority over all other pending matters before the court and heard as soon as possible, notwithstanding the provisions of § 19.2-241 providing time within which the court shall set criminal cases for trial. The clerk of the court from which an appeal is taken shall immediately transmit the record to the clerk of the circuit court.
C. No appeal bond or writ tax shall be required and the appeal shall proceed without the payment of costs or other fees. Costs may be recovered as provided for in § 53.1-40.8.
D. The appeal to the circuit court shall be heard de novo. An order continuing the commitment shall be entered only if the criteria in § 53.1-40.2 are met at the time the appeal is heard. The prisoner so committed shall be entitled to trial by jury. Seven persons from a panel of thirteen shall constitute a jury in such cases.
E. If such prisoner is not represented by counsel, the judge shall appoint an attorney to represent him. Counsel so appointed shall be paid a fee as provided in § 37.2-821. The order of the court from which the appeal is taken shall be defended by the attorney for the Commonwealth.
1988, c. 873; 1994, c. 211.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 53.1-40.4
What does Code of Virginia § 53.1-40.4 cover?
Section 53.1-40.4 ("Appeal of order authorizing involuntary admission") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 53.1-40.4?
A common citation format is "Code of Virginia § 53.1-40.4" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 53.1-40.4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.