If there be no issue of fact tried in the cause, and judgment is to be rendered for the plaintiff on demurrer, or otherwise, such damages shall be assessed by the court, unless either party shall move to have them assessed by a jury, or the court shall think proper to have them so assessed, in which case a jury shall be impaneled to assess them. If the defendant is in default the court shall proceed to render judgment and assess damages as provided in Rule of Court 3:19.
§ 8.01-159.When court to assess damages.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-159 provides that when no issue of fact is tried and judgment goes to the plaintiff on demurrer or otherwise, the court assesses damages unless a party or the court elects a jury, and that a default triggers judgment and damages under Rule of Court 3:19.
Full Text of § 8.01-159
Plain-English Summary
Section 8.01-159 fills in how damages get assessed when the case does not go through a full jury trial on the facts. If no issue of fact is tried, and judgment ends up favoring the plaintiff on demurrer or by some other route, the default rule is that the court itself assesses the damages.
Either party can move to have a jury assess the damages instead, and the court can also decide on its own that a jury should handle it — in either case, a jury is impaneled for that purpose. Separately, if the defendant is in default, the court proceeds to render judgment and assess damages as provided in Rule of Court 3:19, rather than under the general procedure described in this section.
Frequently Asked Questions
Who assesses damages if there is no jury trial on the facts of the case?
The court assesses them by default, when judgment is rendered for the plaintiff on demurrer or otherwise without an issue of fact having been tried.
Can a party insist on a jury for the damages assessment?
Yes. Either party may move to have the damages assessed by a jury, and a jury will then be impaneled for that purpose.
Can the court decide on its own to use a jury for damages?
Yes. Section 8.01-159 allows the court to have damages assessed by a jury even without a party’s motion, “if the court shall think proper.”
What happens if the defendant is in default?
The court proceeds to render judgment and assess damages under Rule of Court 3:19, rather than through the procedure this section otherwise describes.
How does this section relate to the profits and damages claim under Section 8.01-158?
Section 8.01-158 addresses assessment of profits and damages when the jury decides the underlying claim; Section 8.01-159 covers the situation where there is no jury trial of the facts at all, assigning the assessment to the court unless a jury is requested or ordered.
Amendment History
Code 1950, § 8-828; 1954, c. 333; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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