§ 8.01-267.6.Separate trials; special interrogatories.
Chapter 5.1. Multiple Claimant Litigation Act · Last amended 1995 · Last verified July 16, 2026
In one sentenceSection 8.01-267.6 gives a court handling combined multiple claimant litigation the power, on any party’s motion, to order separate or bifurcated trials of individual claims or issues while preserving the right to jury trial, and to submit special interrogatories to the jury to resolve specific factual questions.
Full Text of § 8.01-267.6
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In any combined action under this chapter, the court, on motion of any party, may order separate or bifurcated trials of any one or more claims, cross-claims, counterclaims, third-party claims, or separate issues, always preserving the right of trial by jury.
Additionally, the court may submit special interrogatories to the jury to resolve specific issues of fact.
Plain-English Summary
Combining many plaintiffs’ claims into one proceeding under the Multiple Claimant Litigation Act does not mean every issue has to be tried together. Section 8.01-267.6 lets the court, on any party’s motion, order separate or bifurcated trials of any one or more claims, cross-claims, counterclaims, third-party claims, or separate issues within a combined action, always preserving the right to a jury trial.
The court also gets a tool for managing the jury’s work once trial happens: it can submit special interrogatories asking the jury to resolve specific factual questions, rather than leaving every issue to a single general verdict. Together, bifurcation and special interrogatories give the court flexibility to manage a large, combined case without collapsing every claim and issue into one undifferentiated trial.
Frequently Asked Questions
Can a court order separate trials within a combined multiple claimant action?
Yes. On motion of any party, the court may order separate or bifurcated trials of any one or more claims, cross-claims, counterclaims, third-party claims, or separate issues.
Does ordering separate trials affect the right to a jury trial?
No. Section 8.01-267.6 requires that the right of trial by jury always be preserved.
What are special interrogatories under this section?
Questions the court may submit to the jury to resolve specific issues of fact, in addition to or instead of relying solely on a general verdict.
Who can request separate or bifurcated trials under § 8.01-267.6?
Any party to the combined action.
Does this section apply outside of actions combined under the Multiple Claimant Litigation Act?
No. It applies to any combined action under this chapter.
Amendment History
1995, c. 555.
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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