                                 CODE OF VIRGINIA

WHEN FINAL JUDGMENT TO BE ENTERED AFTER VERDICT SET ASIDE (§ 8.01-430)

When the verdict of a jury in a civil action is set aside by a trial court upon
the ground that it is contrary to the evidence, or without evidence to support
it, a new trial shall not be granted if there is sufficient evidence before the
court to enable it to decide the case upon its merits, but such final judgment
shall be entered as to the court shall seem right and proper. If necessary to
assess damages which have not been assessed, the court may empanel a jury at its
bar to make such assessment, and then enter such final judgment.
		Nothing in this section contained shall be construed to give to trial courts
any greater power over verdicts than they now have under existing rules of
procedure, nor to impair the right to move for a new trial on the ground of
after-discovered evidence.

HISTORY: Code 1950, § 8-352; 1977, c. 617.