In any civil action pending before a circuit court, the parties may, by agreement in writing submitted to the court at any time prior to trial, elect to have a summary jury trial of the issues in the case in accordance with this chapter. However, where the court determines that the election is made for the purpose of delaying a trial on the merits, a summary jury trial shall not be had.
§ 8.01-576.1.Election by parties; order of court.
Chapter 20.1. Summary Jury Trial · Last amended 1988 · Last verified July 16, 2026
In one sentenceIn a civil action pending before a circuit court, the parties may agree in writing, any time before trial, to elect a summary jury trial under this chapter, but the court will deny that election if it determines the parties are only seeking to delay a trial on the merits.
Full Text of § 8.01-576.1
Plain-English Summary
A summary jury trial is not something either side can demand alone — it works only if both sides want it. This section requires the parties in a pending circuit court civil action to agree in writing and submit that agreement to the court before trial begins. Once filed, that written election triggers the summary jury trial procedures the rest of the chapter lays out.
The court is not a rubber stamp on that agreement, though. If the judge determines the parties are electing a summary jury trial for the purpose of delaying an actual trial on the merits, the court can refuse to allow it. That check keeps the procedure aimed at its real purpose — giving parties an early, low-cost read on how a jury might view their case — rather than letting it become a stalling tactic.
Frequently Asked Questions
Who decides whether a case gets a summary jury trial?
The parties must jointly elect it by written agreement submitted to the court, at any time before trial.
Which courts does this procedure apply in?
Civil actions pending before a circuit court.
Can the court refuse to allow a summary jury trial even if the parties agree to one?
Yes, if the court determines the election was made for the purpose of delaying a trial on the merits.
When must the written election be submitted?
At any time prior to trial.
Can one party force a summary jury trial without the other’s agreement?
No. The election requires agreement between the parties, submitted in writing to the court.
Amendment History
1988, c. 759.
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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