When a case, civil or criminal, is tried by a jury and a party objects to the judgment or action of the court in granting or refusing to grant a new trial on a motion to set aside the verdict of a jury on the ground that it is contrary to the evidence, or when a case is decided by a court without the intervention of a jury and a party objects to the decision on the ground that it is contrary to the evidence, the judgment of the trial court shall not be set aside unless it appears from the evidence that such judgment is plainly wrong or without evidence to support it.
§ 8.01-680.When judgment of trial court not to be set aside unless plainly wrong, etc.
Chapter 26.2. Appeals Generally · Article 3. Limitations; Hearing and Decision · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-680 tells appellate courts not to overturn a jury verdict or a trial judge's factual decision as against the evidence unless the record shows the judgment is plainly wrong or has no evidence to support it.
Full Text of § 8.01-680
Plain-English Summary
Section 8.01-680 sets the standard of review for a specific kind of challenge: an objection that a verdict, or a court's decision without a jury, is contrary to the evidence. When a civil or criminal case is tried by a jury and a party objects to the court granting or refusing a new trial on a motion to set aside the verdict as contrary to the evidence, or when a case is decided by a court without a jury and a party objects on the same ground, the trial court's judgment stands unless the evidence shows it is plainly wrong or without evidence to support it.
That standard applies the same way whether the case was tried to a jury or to the judge alone, and it applies in both civil and criminal cases. It gives real weight to the factfinder's call, reserving reversal for judgments the evidence will not support at all.
Frequently Asked Questions
What standard applies when I challenge a jury verdict as against the evidence?
The trial court's judgment on that objection is not set aside unless it appears from the evidence that the judgment is plainly wrong or without evidence to support it.
Does the same standard apply to a case decided without a jury?
Yes, when a case is decided by a court without the intervention of a jury and a party objects to the decision as contrary to the evidence.
Is this an easy standard for an appellant to meet?
No, it is a deferential standard — the judgment must be plainly wrong or without evidence to support it before it can be set aside.
Does this section apply to both civil and criminal cases?
Yes, the section applies "when a case, civil or criminal, is tried by a jury" or decided by a court without one.
What specific objection triggers this standard?
An objection to the trial court's granting or refusal to grant a new trial on a motion to set aside a jury verdict as contrary to the evidence, or an objection that a bench decision is contrary to the evidence.
Amendment History
Code 1950, § 8-491; 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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