{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-336.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-336.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-336.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-336.html"}],"law_id":59502,"edition_id":1,"section_id":59502,"structure_id":15592,"section_number":"8.01-336","catch_line":"Jury trial of right; waiver of jury trial; court-ordered jury trial; trial by jury of plea in equity; equitable claim","history":"Code 1950, \u00a7\u00a7 8-208.21, 8-211, 8-212, 8-213, 8-214; 1954, c. 333; 1973, c. 439; 1974, c. 611; 1975, c. 578; 1977, c. 617; 2005, c. 681; 2014, c. 172.","full_text":"A\n\nThe right of trial by jury as declared in Article I, Section 11 of the Constitution of Virginia and by statutes thereof shall be preserved inviolate to the parties. Unless waived, any demand for a trial by jury in a civil case made in compliance with the Rules of Supreme Court of Virginia shall be sufficient, with no further notice, hearing, or order, to proceed thereon.B\n\nWaiver of jury trial. — In any action at law in which the recovery sought is greater than $20, exclusive of interest, unless one of the parties demands that the case or any issue thereof be tried by a jury, or in a criminal action in which trial by jury is dispensed with as provided by law, the whole matter of law and fact may be heard and judgment given by the court.C\n\nCourt-ordered jury trial. — Notwithstanding any provision in this Code to the contrary, in any action asserting a claim at law in which there has been no demand for trial by jury by any party, a circuit court may on its own motion direct one or more issues, including an issue of damages, to be tried by a jury.D\n\nTrial by jury of plea in equity. — In any action in which a plea has been filed to an equitable claim, and the allegations of such plea are denied by the plaintiff, either party may have the issue tried by jury.E\n\nSuit on equitable claim. — In any suit on an equitable claim, the court may, of its own motion or upon motion of any party, supported by such party’s affidavit that the case will be rendered doubtful by conflicting evidence of another party, direct an issue to be tried before an advisory jury.","order_by":null,"text":{"0":{"id":218008,"text":"The right of trial by jury as declared in Article I, Section 11 of the Constitution of Virginia and by statutes thereof shall be preserved inviolate to the parties. Unless waived, any demand for a trial by jury in a civil case made in compliance with the Rules of Supreme Court of Virginia shall be sufficient, with no further notice, hearing, or order, to proceed thereon.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218009,"text":"Waiver of jury trial. — In any action at law in which the recovery sought is greater than $20, exclusive of interest, unless one of the parties demands that the case or any issue thereof be tried by a jury, or in a criminal action in which trial by jury is dispensed with as provided by law, the whole matter of law and fact may be heard and judgment given by the court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":218010,"text":"Court-ordered jury trial. — Notwithstanding any provision in this Code to the contrary, in any action asserting a claim at law in which there has been no demand for trial by jury by any party, a circuit court may on its own motion direct one or more issues, including an issue of damages, to be tried by a jury.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":218011,"text":"Trial by jury of plea in equity. — In any action in which a plea has been filed to an equitable claim, and the allegations of such plea are denied by the plaintiff, either party may have the issue tried by jury.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":218012,"text":"Suit on equitable claim. — In any suit on an equitable claim, the court may, of its own motion or upon motion of any party, supported by such party’s affidavit that the case will be rendered doubtful by conflicting evidence of another party, direct an issue to be tried before an advisory jury.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15592,"edition_id":1,"name":"When Jury Trial May Be Had","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14401,"metadata":{},"date_created":"2026-06-26 03:56:38","date_modified":"2026-06-26 03:56:38","permalink":{"id":277089,"object_type":"structure","relational_id":15592,"identifier":"1","token":"8.01\/11\/1","url":"\/8.01\/11\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14401,"edition_id":1,"name":"Juries","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:48:01","date_modified":"2026-06-26 03:48:01","permalink":{"id":277087,"object_type":"structure","relational_id":14401,"identifier":"11","token":"8.01\/11","url":"\/8.01\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59502,"structure_id":15592,"section_number":"8.01-336","catch_line":"Jury trial of right; waiver of jury trial; court-ordered jury trial; trial by jury of plea in equity; equitable claim","url":"\/8.01-336\/","token":"8.01\/11\/1\/8.01-336","metadata":false}],"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-336\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. 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. Those modifications are as follows: in 1954, chapter 333; in 1973, chapter 439; in 1974, chapter 611; in 1975, chapter 578; in 1977, chapter 617; in 2005, chapter 681<\/a>; in 2014, chapter 172<\/a>.<\/p>","references":[{"id":60834,"section_number":"19.2-260","catch_line":"Provisions of Title 8.01 apply except as provided in this article","order_by":null,"url":"\/19.2-260\/"},{"id":59171,"section_number":"25.1-229","catch_line":"Selection of jurors","order_by":null,"url":"\/25.1-229\/"},{"id":67399,"section_number":"8.01-576.2","catch_line":"Summary jury trial; selection of jury; fees","order_by":null,"url":"\/8.01-576.2\/"}],"refers_to":false,"permalink":{"id":277091,"object_type":"law","relational_id":59502,"identifier":"8.01-336","token":"8.01\/11\/1\/8.01-336","url":"\/8.01-336\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-336\/","token":"8.01\/11\/1\/8.01-336","dublin_core":{"Title":"Jury trial of right; waiver of jury trial; court-ordered jury trial; trial by jury of plea in equity; equitable claim","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-336","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The right of trial<\/span> by jury<\/span> as declared in Article I, Section 11 of the Constitution of Virginia and by statutes<\/span> thereof shall be preserved inviolate to the parties. Unless waived, any demand for a trial<\/span> by jury<\/span> in a civil case made in compliance with the Rules of Supreme Court<\/span> of Virginia shall be sufficient, with no further notice, hearing<\/span>, or order<\/span>, to proceed thereon. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Waiver<\/span> of jury trial<\/span>. — In any action<\/span> at law<\/span> in which the recovery sought is greater than $20, exclusive of interest, unless one of the parties demands that the case or any issue<\/span> thereof be tried by a jury, or in a criminal action<\/span> in which trial by jury is dispensed with as provided by law<\/span>, the whole matter of law<\/span> and fact<\/span> may be heard and judgment<\/span> given by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Court<\/span>-ordered jury trial<\/span>. — Notwithstanding any provision in this Code to the contrary, in any action<\/span> asserting a claim at law<\/span> in which there has been no demand for trial by jury by any party<\/span>, a circuit<\/span> court<\/span> may on its own motion<\/span> direct one or more issues<\/span>, including an issue<\/span> of damages<\/span>, to be tried by a jury. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Trial by jury of plea in equity<\/span>. — In any action<\/span> in which a plea has been filed to an equitable<\/span> claim, and the allegations<\/span> of such plea are denied by the plaintiff<\/span>, either party<\/span> may have the issue<\/span> tried by jury. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Suit<\/span> on equitable<\/span> claim. — In any suit<\/span> on an equitable<\/span> claim, the court<\/span> may, of its own motion<\/span> or upon motion<\/span> of any party<\/span>, supported by such party<\/span>’s affidavit<\/span> that the case will be rendered doubtful by conflicting evidence<\/span> of another party<\/span>, direct an issue<\/span> to be tried before an advisory jury. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nJURY TRIAL OF RIGHT; WAIVER OF JURY TRIAL; COURT-ORDERED JURY TRIAL; TRIAL BY\nJURY OF PLEA IN EQUITY; EQUITABLE CLAIM (\u00a7 8.01-336)\n\nA. The right of trial by jury as declared in Article I, Section 11 of the\nConstitution of Virginia and by statutes thereof shall be preserved inviolate to\nthe parties. Unless waived, any demand for a trial by jury in a civil case made\nin compliance with the Rules of Supreme Court of Virginia shall be sufficient,\nwith no further notice, hearing, or order, to proceed thereon.\n\nB. Waiver of jury trial. — In any action at law in which the recovery\nsought is greater than $20, exclusive of interest, unless one of the parties\ndemands that the case or any issue thereof be tried by a jury, or in a criminal\naction in which trial by jury is dispensed with as provided by law, the whole\nmatter of law and fact may be heard and judgment given by the court.\n\nC. Court-ordered jury trial. — Notwithstanding any provision in this Code\nto the contrary, in any action asserting a claim at law in which there has been\nno demand for trial by jury by any party, a circuit court may on its own motion\ndirect one or more issues, including an issue of damages, to be tried by a jury.\n\nD. Trial by jury of plea in equity. — In any action in which a plea has\nbeen filed to an equitable claim, and the allegations of such plea are denied by\nthe plaintiff, either party may have the issue tried by jury.\n\nE. Suit on equitable claim. — In any suit on an equitable claim, the court\nmay, of its own motion or upon motion of any party, supported by such\nparty’s affidavit that the case will be rendered doubtful by conflicting\nevidence of another party, direct an issue to be tried before an advisory jury.\n\nHISTORY: Code 1950, \u00a7\u00a7 8-208.21, 8-211, 8-212, 8-213, 8-214; 1954, c. 333;\n1973, c. 439; 1974, c. 611; 1975, c. 578; 1977, c. 617; 2005, c. 681; 2014, c.\n172.","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}}