§ 8.01-430.When final judgment to be entered after verdict set aside.
Chapter 17. Judgments and Decrees Generally · Article 1. In General · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-430 requires a trial court that sets aside a jury verdict as contrary to or unsupported by the evidence to enter final judgment on the merits, rather than order a new trial, whenever the evidence before it is enough to decide the case, empaneling a jury only to assess unassessed damages if needed.
Full Text of § 8.01-430
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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.
Plain-English Summary
Ordinarily, setting aside a jury verdict means starting over with a new trial. This section changes that default for one specific situation: a verdict set aside because it is contrary to the evidence or has no evidence to support it. If the court already has enough evidence before it to decide the case on the merits, a new trial is not the answer — the court enters whatever final judgment seems right and proper based on that evidence.
If the case still needs a damages number that has not been assessed, the court is not limited to guessing. It can empanel a jury at its own bar for the narrow purpose of assessing those damages, and then enter final judgment once that is done.
The section is careful not to overreach: it does not expand a trial court’s authority over verdicts beyond what existing rules of procedure already allow, and it does not cut into a party’s right to move for a new trial based on after-discovered evidence.
Frequently Asked Questions
If a judge sets aside a jury verdict as unsupported by the evidence, does that automatically mean a new trial?
No. A new trial is not granted if there is sufficient evidence before the court to decide the case on its merits — the court instead enters final judgment.
What happens if damages still need to be assessed after the verdict is set aside?
The court may empanel a jury at its bar to assess the damages, then enter final judgment.
Does this section give trial courts more power over jury verdicts than they already had?
No. It states that nothing in the section gives trial courts any greater power over verdicts than they had under existing rules of procedure.
Does this section affect a party’s ability to seek a new trial for after-discovered evidence?
No. It expressly does not impair the right to move for a new trial on that ground.
On what ground must the verdict have been set aside for this section to apply?
That it is contrary to the evidence, or without evidence to support it.
Amendment History
Code 1950, § 8-352; 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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