                                 CODE OF VIRGINIA

JURY TRIAL OF RIGHT; WAIVER OF JURY TRIAL; COURT-ORDERED JURY TRIAL; TRIAL BY
JURY OF PLEA IN EQUITY; EQUITABLE CLAIM (§ 8.01-336)

A. 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.

B. Waiver of jury trial. &#8212; 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. Court-ordered jury trial. &#8212; 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. Trial by jury of plea in equity. &#8212; 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. Suit on equitable claim. &#8212; In any suit on an equitable claim, the court
may, of its own motion or upon motion of any party, supported by such
party&#8217;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.

HISTORY: Code 1950, §§ 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.