{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-97.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-97.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-97.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-97.1.html"}],"law_id":86972,"edition_id":1,"section_id":86972,"structure_id":13176,"section_number":"16.1-97.1","catch_line":"When a new trial is granted","history":"1987, c. 98; 1988, c. 506.","full_text":"A\n\nNo new trial may be granted from any judgment in a district court unless a motion by one of the parties is made within thirty days after the date of judgment, not including the date of entry of such judgment. The motion for new trial shall be heard by the judge who rendered the judgment, but if the judge is not in office, is absent from the jurisdiction, or is otherwise unavailable to hear the motion for new trial, such motion may be heard by a judge of that district court.B\n\nA hearing shall be held by the court, as provided herein, and the court shall rule on any such motions not later than forty-five days after the date of judgment, not including the date of entry of such judgment. Nothing contained in this section shall operate to alter the granting of a new trial by the court pursuant to § 8.01-428, or to alter the requirements for appeal from any judgment of any district court as otherwise provided by law.","order_by":null,"text":{"0":{"id":311403,"text":"No new trial may be granted from any judgment in a district court unless a motion by one of the parties is made within thirty days after the date of judgment, not including the date of entry of such judgment. The motion for new trial shall be heard by the judge who rendered the judgment, but if the judge is not in office, is absent from the jurisdiction, or is otherwise unavailable to hear the motion for new trial, such motion may be heard by a judge of that district court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":311404,"text":"A hearing shall be held by the court, as provided herein, and the court shall rule on any such motions not later than forty-five days after the date of judgment, not including the date of entry of such judgment. Nothing contained in this section shall operate to alter the granting of a new trial by the court pursuant to § 8.01-428, or to alter the requirements for appeal from any judgment of any district court as otherwise provided by law.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13176,"edition_id":1,"name":"Procedure in Civil Cases","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13175,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162399,"object_type":"structure","relational_id":13176,"identifier":"3","token":"16.1\/6\/3","url":"\/16.1\/6\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13175,"edition_id":1,"name":"Venue, Jurisdiction and Procedure in Civil Matters","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162373,"object_type":"structure","relational_id":13175,"identifier":"6","token":"16.1\/6","url":"\/16.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73499,"structure_id":13176,"section_number":"16.1-100","catch_line":"Additional executions; 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to whom directed","url":"\/16.1-99\/","token":"16.1\/6\/3\/16.1-99","metadata":false}],"previous_section":{"id":61732,"structure_id":13176,"section_number":"16.1-97","catch_line":"Repealed","url":"\/16.1-97\/","token":"16.1\/6\/3\/16.1-97","metadata":false},"next_section":{"id":81712,"structure_id":13176,"section_number":"16.1-98","catch_line":"Fieri facias or writ of possession on judgment","url":"\/16.1-98\/","token":"16.1\/6\/3\/16.1-98","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-97.1\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 98 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1988, chapter 506.<\/p>","references":false,"refers_to":[{"id":59330,"section_number":"8.01-428","catch_line":"Setting aside default judgments; clerical mistakes; independent actions to relieve party from judgment or proceedings; grounds and time limitations","order_by":null,"url":"\/8.01-428\/"}],"permalink":{"id":162621,"object_type":"law","relational_id":86972,"identifier":"16.1-97.1","token":"16.1\/6\/3\/16.1-97.1","url":"\/16.1-97.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-97.1\/","token":"16.1\/6\/3\/16.1-97.1","dublin_core":{"Title":"When a new trial is granted","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-97.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No new trial<\/span> may be granted from any judgment<\/span> in a district court<\/span> unless a motion<\/span> by one of the parties is made within thirty days after the date of judgment<\/span>, not including the date of entry of such judgment<\/span>. The motion<\/span> for new trial<\/span> shall be heard by the judge<\/span> who rendered the judgment<\/span>, but if the judge<\/span> is not in office, is absent from the jurisdiction<\/span>, or is otherwise unavailable to hear the motion<\/span> for new trial<\/span>, such motion<\/span> may be heard by a judge<\/span> of that district court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A hearing<\/span> shall be held by the court<\/span>, as provided herein, and the court<\/span> shall rule on any such motions<\/span> not later than forty-five days after the date of judgment<\/span>, not including the date of entry of such judgment<\/span>. Nothing contained in this section shall operate to alter the granting of a new trial<\/span> by the court<\/span> pursuant to § 8.01-428<\/a>, or to alter the requirements for appeal<\/span> from any judgment<\/span> of any district court<\/span> as otherwise provided by law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN A NEW TRIAL IS GRANTED (\u00a7 16.1-97.1)\n\nA. No new trial may be granted from any judgment in a district court unless a\nmotion by one of the parties is made within thirty days after the date of\njudgment, not including the date of entry of such judgment. The motion for new\ntrial shall be heard by the judge who rendered the judgment, but if the judge is\nnot in office, is absent from the jurisdiction, or is otherwise unavailable to\nhear the motion for new trial, such motion may be heard by a judge of that\ndistrict court.\n\nB. A hearing shall be held by the court, as provided herein, and the court shall\nrule on any such motions not later than forty-five days after the date of\njudgment, not including the date of entry of such judgment. Nothing contained in\nthis section shall operate to alter the granting of a new trial by the court\npursuant to § 8.01-428, or to alter the requirements for appeal from any\njudgment of any district court as otherwise provided by law.\n\nHISTORY: 1987, c. 98; 1988, c. 506.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}