When it plainly appears from the record and the evidence given at the trial that the parties have had a fair trial on the merits and substantial justice has been reached, no judgment shall be arrested or reversed:
§ 8.01-678.For what a judgment not to be reversed.
Chapter 26.2. Appeals Generally · Article 2. Errors Insufficient in the Appellate Court · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-678 protects a judgment from reversal over technical defects — such as a minor's appearance by attorney when the outcome did not hurt them, or other record imperfections and trial errors — as long as the record shows the parties had a fair trial and substantial justice was reached.
Full Text of § 8.01-678
1. For the appearance of either party, being under the age of eighteen years, by attorney, if the verdict, where there is one, or the judgment be for him and not to his prejudice; or
2. For any other defect, imperfection, or omission in the record, or for any error committed on the trial.
Plain-English Summary
Section 8.01-678 sets a threshold before any reversal for a technical flaw is even on the table: it must plainly appear, from the record and the evidence given at trial, that the parties had a fair trial on the merits and that substantial justice has been reached.
Once that threshold is met, two specific kinds of problems will not sink a judgment. The first covers a party under eighteen who appeared through an attorney, so long as the verdict or judgment came out in that party's favor and was not to his prejudice. The second is a catch-all: any other defect, imperfection, or omission in the record, or any error committed at trial, will not by itself arrest or reverse a judgment once the fair-trial and substantial-justice standard is satisfied.
In effect, the section keeps appellate courts from unwinding results that were fair and just just because the paper record has a flaw somewhere in it.
Frequently Asked Questions
What must be true before this protection against reversal applies?
It must plainly appear from the record and the trial evidence that the parties had a fair trial on the merits and substantial justice has been reached.
If a minor appeared in the case through an attorney, does that alone justify reversing the judgment?
No, not if the verdict, where there is one, or the judgment was for the minor and not to his prejudice.
Does every defect in the trial record justify reversal?
No. Once the fair-trial and substantial-justice threshold is met, the section bars reversal for "any other defect, imperfection, or omission in the record, or for any error committed on the trial."
Does this section apply to both civil and criminal cases?
The text refers broadly to "a judgment" without expressly limiting the rule to civil or criminal cases.
What is the practical effect of this section on appeals?
It keeps a judgment from being arrested or reversed for technical or harmless problems once the overall proceeding was fair and reached substantial justice.
Amendment History
Code 1950, § 8-487; 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
Also known as: harmless error virginia appealjudgment not reversed technical defect virginia8.01-678 substantial justice fair trialvirginia appellate harmless error rule