§ 8.01-336. Jury trial of right; waiver of jury trial; court-ordered jurytrial; trial by jury of plea in equity; equitable claim.
A. The right of trial by jury as declared in Article I, Section 11 of theConstitution of Virginia and by statutes thereof shall be preserved inviolateto the parties.
B. Waiver of jury trial. - In any action at law in which the recovery soughtis greater than $100, exclusive of interest, unless one of the partiesdemands that the case or any issue thereof be tried by a jury, or in acriminal 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. - Notwithstanding any provision in this Code tothe contrary, in any action asserting a claim at law in which there has beenno demand for trial by jury by any party, a circuit court may on its ownmotion direct one or more issues, including an issue of damages, to be triedby a jury.
D. Trial by jury of plea in equity. - In any action in which a plea has beenfiled to an equitable claim, and the allegations of such plea are denied bythe plaintiff, either party may have the issue tried by jury.
E. Suit on equitable claim. - In any suit on an equitable claim, the courtmay, of its own motion or upon motion of any party, supported by such party'saffidavit that the case will be rendered doubtful by conflicting evidence ofanother party, direct an issue to be tried before an advisory jury.
(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.)
§ 8.01-336. Jury trial of right; waiver of jury trial; court-ordered jurytrial; trial by jury of plea in equity; equitable claim.
A. The right of trial by jury as declared in Article I, Section 11 of theConstitution of Virginia and by statutes thereof shall be preserved inviolateto the parties.
B. Waiver of jury trial. - In any action at law in which the recovery soughtis greater than $100, exclusive of interest, unless one of the partiesdemands that the case or any issue thereof be tried by a jury, or in acriminal 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. - Notwithstanding any provision in this Code tothe contrary, in any action asserting a claim at law in which there has beenno demand for trial by jury by any party, a circuit court may on its ownmotion direct one or more issues, including an issue of damages, to be triedby a jury.
D. Trial by jury of plea in equity. - In any action in which a plea has beenfiled to an equitable claim, and the allegations of such plea are denied bythe plaintiff, either party may have the issue tried by jury.
E. Suit on equitable claim. - In any suit on an equitable claim, the courtmay, of its own motion or upon motion of any party, supported by such party'saffidavit that the case will be rendered doubtful by conflicting evidence ofanother party, direct an issue to be tried before an advisory jury.
(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.)
§ 8.01-336. Jury trial of right; waiver of jury trial; court-ordered jurytrial; trial by jury of plea in equity; equitable claim.
A. The right of trial by jury as declared in Article I, Section 11 of theConstitution of Virginia and by statutes thereof shall be preserved inviolateto the parties.
B. Waiver of jury trial. - In any action at law in which the recovery soughtis greater than $100, exclusive of interest, unless one of the partiesdemands that the case or any issue thereof be tried by a jury, or in acriminal 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. - Notwithstanding any provision in this Code tothe contrary, in any action asserting a claim at law in which there has beenno demand for trial by jury by any party, a circuit court may on its ownmotion direct one or more issues, including an issue of damages, to be triedby a jury.
D. Trial by jury of plea in equity. - In any action in which a plea has beenfiled to an equitable claim, and the allegations of such plea are denied bythe plaintiff, either party may have the issue tried by jury.
E. Suit on equitable claim. - In any suit on an equitable claim, the courtmay, of its own motion or upon motion of any party, supported by such party'saffidavit that the case will be rendered doubtful by conflicting evidence ofanother party, direct an issue to be tried before an advisory jury.
(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.)
