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. -- 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. -- 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. -- 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. -- 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.
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.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
§ 8.01-337. Who liable to serve as jurors
§ 8.01-339. No person eligible for whom request is made
§ 8.01-340. No person to serve who has case at that term
§ 8.01-341. Who are exempt from jury service
§ 8.01-341.1. Exemptions from jury service upon request
§ 8.01-342. Restrictions on amount of jury service permitted
§ 8.01-343. Appointment of jury commissioners
§ 8.01-344. Notification of jury commissioners; their oath
§ 8.01-346. Lists to be delivered to clerk and safely kept by him; addition and removal of names
§ 8.01-347. How names put in jury box
§ 8.01-348. How names of jurors drawn from box
§ 8.01-349. Notations on ballots drawn; return to box; when such ballots may be drawn again
§ 8.01-350.1. Selection of jurors by mechanical or electronic techniques for the term of court
§ 8.01-351. Preparation and disposition of list of jurors drawn
§ 8.01-352. Objections to irregularities in jury lists or for legal disability; effect thereof
§ 8.01-353. Notice to jurors; making copy of jury panel available to counsel; objection to notice
§ 8.01-353.1. Jurors to provide identification
§ 8.01-354. "Writ of venire facias" defined
§ 8.01-356. Failure of juror to appear
§ 8.01-357. Selection of jury panel
§ 8.01-358. Voir dire examination of persons called as jurors
§ 8.01-359. Trial; numbers of jurors in civil cases; how jurors selected from panel
§ 8.01-360. Additional jurors when trial likely to be protracted
§ 8.01-361. New juror may be sworn in place of one disabled; when court may discharge jury