{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-374.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-374.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-374.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-374.1.html"}],"law_id":54081,"edition_id":1,"section_id":54081,"structure_id":13009,"section_number":"8.01-374.1","catch_line":"Consolidation or bifurcation of issues or claims in certain cases; appeal","history":"1992, c. 615.","full_text":"A\n\nIn any circuit court in which there are pending more than forty civil actions against manufacturers or suppliers of asbestos or products for industrial use that contain asbestos in which recovery is sought for personal injury or wrongful death alleged to have been caused by exposure to asbestos or products for industrial use that contain asbestos, the court may order a joint hearing or trial by jury of any or all common questions of law or fact which are at issue in those actions. The court may order any or all the actions consolidated, unless the court finds consolidation would adversely affect the rights of the parties to a fair trial. The court may submit special interrogatories to the jury to resolve specific issues of fact, and may make such orders concerning proceedings therein consistent with the right of each of the parties to a fair trial as may be appropriate to avoid unnecessary costs, duplicative litigation or delay.B\n\nTo further convenience or avoid prejudice in such consolidated hearings, when separate or bifurcated trials will be conducive to judicial economy, the court may order a separate or bifurcated trial of any claim, or any number of claims, cross-claims, counterclaims, third-party claims, or separate issues, always preserving the right of trial by jury. However, in any such bifurcated proceeding, the entitlement of an individual plaintiff to an award of punitive damages against any defendant shall not be determined unless compensatory damages have been awarded to that individual.C\n\nAny order entered pursuant to this section shall, for purposes of appeal, be an interlocutory order. Any findings of the court or jury in any bifurcated trial shall not be appealable until a final order adjudicating all issues on a specific claim or consolidated group of claims has been entered.D\n\nThis section shall not apply to actions arising under Article 6 (§ 8.01-57 et seq.) of Chapter 3 of this title or the Federal Employers Liability Act (45 U.S.C. § 51 et seq.). In addition, this section shall not apply to any party defendant unless that defendant was a manufacturer of, or a supplier of, asbestos or products for industrial use that contain asbestos, at any of the times alleged in the motion for judgment.","order_by":null,"text":{"0":{"id":198536,"text":"In any circuit court in which there are pending more than forty civil actions against manufacturers or suppliers of asbestos or products for industrial use that contain asbestos in which recovery is sought for personal injury or wrongful death alleged to have been caused by exposure to asbestos or products for industrial use that contain asbestos, the court may order a joint hearing or trial by jury of any or all common questions of law or fact which are at issue in those actions. The court may order any or all the actions consolidated, unless the court finds consolidation would adversely affect the rights of the parties to a fair trial. The court may submit special interrogatories to the jury to resolve specific issues of fact, and may make such orders concerning proceedings therein consistent with the right of each of the parties to a fair trial as may be appropriate to avoid unnecessary costs, duplicative litigation or delay.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":198537,"text":"To further convenience or avoid prejudice in such consolidated hearings, when separate or bifurcated trials will be conducive to judicial economy, the court may order a separate or bifurcated trial of any claim, or any number of claims, cross-claims, counterclaims, third-party claims, or separate issues, always preserving the right of trial by jury. However, in any such bifurcated proceeding, the entitlement of an individual plaintiff to an award of punitive damages against any defendant shall not be determined unless compensatory damages have been awarded to that individual.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":198538,"text":"Any order entered pursuant to this section shall, for purposes of appeal, be an interlocutory order. Any findings of the court or jury in any bifurcated trial shall not be appealable until a final order adjudicating all issues on a specific claim or consolidated group of claims has been entered.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":198539,"text":"This section shall not apply to actions arising under Article 6 (§ 8.01-57 et seq.) of Chapter 3 of this title or the Federal Employers Liability Act (45 U.S.C. § 51 et seq.). In addition, this section shall not apply to any party defendant unless that defendant was a manufacturer of, or a supplier of, asbestos or products for industrial use that contain asbestos, at any of the times alleged in the motion for judgment.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13009,"edition_id":1,"name":"Certain Incidents of Trial","identifier":"13","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":277271,"object_type":"structure","relational_id":13009,"identifier":"13","token":"8.01\/13","url":"\/8.01\/13\/","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":86057,"structure_id":13009,"section_number":"8.01-374","catch_line":"Procedure when original papers in cause are lost","url":"\/8.01-374\/","token":"8.01\/13\/8.01-374","metadata":false},{"id":54081,"structure_id":13009,"section_number":"8.01-374.1","catch_line":"Consolidation or bifurcation of issues or claims in certain cases; appeal","url":"\/8.01-374.1\/","token":"8.01\/13\/8.01-374.1","metadata":false},{"id":61985,"structure_id":13009,"section_number":"8.01-375","catch_line":"Exclusion of witnesses in civil cases (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section and subsection (b) of Supreme Court Rule 2:615 derived from this section)","url":"\/8.01-375\/","token":"8.01\/13\/8.01-375","metadata":false},{"id":56210,"structure_id":13009,"section_number":"8.01-376","catch_line":"Views by juries","url":"\/8.01-376\/","token":"8.01\/13\/8.01-376","metadata":false},{"id":59097,"structure_id":13009,"section_number":"8.01-377","catch_line":"Remedy when variance appears between evidence and allegations","url":"\/8.01-377\/","token":"8.01\/13\/8.01-377","metadata":false},{"id":70718,"structure_id":13009,"section_number":"8.01-377.1","catch_line":"Summary judgment","url":"\/8.01-377.1\/","token":"8.01\/13\/8.01-377.1","metadata":false},{"id":79085,"structure_id":13009,"section_number":"8.01-378","catch_line":"Trial judge not to direct verdicts","url":"\/8.01-378\/","token":"8.01\/13\/8.01-378","metadata":false},{"id":55581,"structure_id":13009,"section_number":"8.01-379","catch_line":"Argument before jury","url":"\/8.01-379\/","token":"8.01\/13\/8.01-379","metadata":false},{"id":61762,"structure_id":13009,"section_number":"8.01-379.1","catch_line":"Informing jury of amounts sued for","url":"\/8.01-379.1\/","token":"8.01\/13\/8.01-379.1","metadata":false},{"id":80344,"structure_id":13009,"section_number":"8.01-379.2","catch_line":"Jury instructions","url":"\/8.01-379.2\/","token":"8.01\/13\/8.01-379.2","metadata":false},{"id":62618,"structure_id":13009,"section_number":"8.01-379.2:1","catch_line":"Spoliation of evidence","url":"\/8.01-379.2_1\/","token":"8.01\/13\/8.01-379.2_1","metadata":false},{"id":78560,"structure_id":13009,"section_number":"8.01-379.3","catch_line":"General verdict accompanied by answer to interrogatories","url":"\/8.01-379.3\/","token":"8.01\/13\/8.01-379.3","metadata":false},{"id":55779,"structure_id":13009,"section_number":"8.01-380","catch_line":"Dismissal of action by nonsuit; fees and costs","url":"\/8.01-380\/","token":"8.01\/13\/8.01-380","metadata":false},{"id":71392,"structure_id":13009,"section_number":"8.01-381","catch_line":"What jury may carry out","url":"\/8.01-381\/","token":"8.01\/13\/8.01-381","metadata":false},{"id":63842,"structure_id":13009,"section_number":"8.01-382","catch_line":"Verdict, judgment or decree to fix period at which interest begins; final order; judgment or decree for interest","url":"\/8.01-382\/","token":"8.01\/13\/8.01-382","metadata":false},{"id":56851,"structure_id":13009,"section_number":"8.01-383","catch_line":"Power to grant new trial; how often","url":"\/8.01-383\/","token":"8.01\/13\/8.01-383","metadata":false},{"id":68218,"structure_id":13009,"section_number":"8.01-383.1","catch_line":"Appeal when verdict reduced and accepted under protest; new trial for inadequate damages","url":"\/8.01-383.1\/","token":"8.01\/13\/8.01-383.1","metadata":false},{"id":83116,"structure_id":13009,"section_number":"8.01-384","catch_line":"Formal exceptions to rulings or orders of court unnecessary; motion for new trial unnecessary in certain cases","url":"\/8.01-384\/","token":"8.01\/13\/8.01-384","metadata":false},{"id":54675,"structure_id":13009,"section_number":"8.01-384.1","catch_line":"Interpreters for deaf or hard of hearing in civil proceedings","url":"\/8.01-384.1\/","token":"8.01\/13\/8.01-384.1","metadata":false},{"id":79657,"structure_id":13009,"section_number":"8.01-384.1:1","catch_line":"Interpreters for non-English-speaking persons in civil cases","url":"\/8.01-384.1_1\/","token":"8.01\/13\/8.01-384.1_1","metadata":false},{"id":75422,"structure_id":13009,"section_number":"8.01-384.2","catch_line":"Waiver of discovery time limitations by parties","url":"\/8.01-384.2\/","token":"8.01\/13\/8.01-384.2","metadata":false}],"previous_section":{"id":86057,"structure_id":13009,"section_number":"8.01-374","catch_line":"Procedure when original papers in cause are lost","url":"\/8.01-374\/","token":"8.01\/13\/8.01-374","metadata":false},"next_section":{"id":61985,"structure_id":13009,"section_number":"8.01-375","catch_line":"Exclusion of witnesses in civil cases (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section and subsection (b) of Supreme Court Rule 2:615 derived from this section)","url":"\/8.01-375\/","token":"8.01\/13\/8.01-375","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-374.1\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 615 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 1992 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":86836,"section_number":"8.01-267.9","catch_line":"Effect on other law","order_by":null,"url":"\/8.01-267.9\/"}],"refers_to":[{"id":84842,"section_number":"8.01-57","catch_line":"Liability of railroads for injury to certain employees","order_by":null,"url":"\/8.01-57\/"}],"permalink":{"id":277277,"object_type":"law","relational_id":54081,"identifier":"8.01-374.1","token":"8.01\/13\/8.01-374.1","url":"\/8.01-374.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-374.1\/","token":"8.01\/13\/8.01-374.1","dublin_core":{"Title":"Consolidation or bifurcation of issues or claims in certain cases; appeal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-374.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any circuit<\/span> court<\/span> in which there are pending more than forty civil actions<\/span> against manufacturers or suppliers of asbestos or products for industrial use that contain asbestos in which recovery is sought for personal injury or wrongful death alleged to have been caused by exposure to asbestos or products for industrial use that contain asbestos, the court<\/span> may order<\/span> a joint hearing<\/span> or trial<\/span> by jury<\/span> of any or all common questions of law<\/span> or fact<\/span> which are at issue<\/span> in those actions. The court<\/span> may order<\/span> any or all the actions consolidated, unless the court<\/span> finds consolidation<\/span> would adversely affect the rights of the parties to a fair trial<\/span>. The court<\/span> may submit special interrogatories<\/span> to the jury<\/span> to resolve specific issues<\/span> of fact<\/span>, and may make such orders<\/span> concerning proceedings therein consistent with the right of each of the parties to a fair trial<\/span> as may be appropriate to avoid unnecessary costs, duplicative litigation<\/span> or delay. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> To further convenience or avoid prejudice in such consolidated hearings<\/span>, when separate or bifurcated trials<\/span> will be conducive to judicial economy, the court<\/span> may order<\/span> a separate or bifurcated trial<\/span> of any claim, or any number of claims, cross-claims<\/span>, counterclaims<\/span>, third-party<\/span> claims, or separate issues<\/span>, always preserving the right of trial<\/span> by jury<\/span>. However, in any such bifurcated proceeding, the entitlement of an individual plaintiff<\/span> to an award of punitive damages<\/span> against any defendant<\/span> shall not be determined unless compensatory damages<\/span> have been awarded to that individual. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any order entered pursuant to this section shall, for purposes of appeal<\/span>, be an interlocutory order<\/span>. Any findings<\/span> of the court<\/span> or jury<\/span> in any bifurcated trial<\/span> shall not be appealable until a final order<\/span> adjudicating all issues<\/span> on a specific claim or consolidated group of claims has been entered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> This section shall not apply to actions arising under Article 6 (§ 8.01-57<\/a> et seq.) of Chapter 3 of this title or the Federal Employers Liability Act (45 U.S.C. § 51 et seq.). In addition, this section shall not apply to any party<\/span> defendant<\/span> unless that defendant<\/span> was a manufacturer of, or a supplier of, asbestos or products for industrial use that contain asbestos, at any of the times alleged in the motion for judgment<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONSOLIDATION OR BIFURCATION OF ISSUES OR CLAIMS IN CERTAIN CASES; APPEAL (\u00a7\n8.01-374.1)\n\nA. In any circuit court in which there are pending more than forty civil actions\nagainst manufacturers or suppliers of asbestos or products for industrial use\nthat contain asbestos in which recovery is sought for personal injury or\nwrongful death alleged to have been caused by exposure to asbestos or products\nfor industrial use that contain asbestos, the court may order a joint hearing or\ntrial by jury of any or all common questions of law or fact which are at issue\nin those actions. The court may order any or all the actions consolidated,\nunless the court finds consolidation would adversely affect the rights of the\nparties to a fair trial. The court may submit special interrogatories to the\njury to resolve specific issues of fact, and may make such orders concerning\nproceedings therein consistent with the right of each of the parties to a fair\ntrial as may be appropriate to avoid unnecessary costs, duplicative litigation\nor delay.\n\nB. To further convenience or avoid prejudice in such consolidated hearings, when\nseparate or bifurcated trials will be conducive to judicial economy, the court\nmay order a separate or bifurcated trial of any claim, or any number of claims,\ncross-claims, counterclaims, third-party claims, or separate issues, always\npreserving the right of trial by jury. However, in any such bifurcated\nproceeding, the entitlement of an individual plaintiff to an award of punitive\ndamages against any defendant shall not be determined unless compensatory\ndamages have been awarded to that individual.\n\nC. Any order entered pursuant to this section shall, for purposes of appeal, be\nan interlocutory order. Any findings of the court or jury in any bifurcated\ntrial shall not be appealable until a final order adjudicating all issues on a\nspecific claim or consolidated group of claims has been entered.\n\nD. This section shall not apply to actions arising under Article 6 (§\n8.01-57 et seq.) of Chapter 3 of this title or the Federal Employers Liability\nAct (45 U.S.C. § 51 et seq.). In addition, this section shall not apply to\nany party defendant unless that defendant was a manufacturer of, or a supplier\nof, asbestos or products for industrial use that contain asbestos, at any of the\ntimes alleged in the motion for judgment.\n\nHISTORY: 1992, c. 615.","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}}