The appellate court shall affirm the judgment if there is no error therein, and reverse the same, in whole or in part, if erroneous, and enter such judgment as to the court shall seem right and proper and shall render final judgment upon the merits whenever, in the opinion of the court, the facts before it are such as to enable the court to attain the ends of justice. A civil case shall not be remanded for a trial de novo except when the ends of justice require it, but the appellate court shall, in the order remanding the case, if it be remanded, designate upon what questions or points a new trial is to be had.
§ 8.01-681.Decision of appellate court.
Chapter 26.2. Appeals Generally · Article 3. Limitations; Hearing and Decision · Last amended 1984 · Last verified July 16, 2026
In one sentenceSection 8.01-681 directs the appellate court to affirm error-free judgments, reverse erroneous ones in whole or part, and enter final judgment on the merits whenever the facts allow, reserving a remand for a new trial only when the ends of justice require it and specifying which issues that new trial must address.
Full Text of § 8.01-681
Plain-English Summary
Section 8.01-681 lays out what an appellate court does once it has reviewed a judgment. It affirms the judgment if there is no error in it, and reverses it, in whole or in part, if it is erroneous, entering whatever judgment seems right and proper to the court.
The section favors finality over remand where the facts allow it: the appellate court renders final judgment on the merits whenever, in its opinion, the facts before it let it reach the ends of justice that way. A civil case is not sent back for a trial de novo except when the ends of justice require it.
When a remand is required, the section does not leave the scope of the new trial open-ended. The appellate court must, in its remanding order, designate exactly which questions or points the new trial is to address, rather than reopening the case in full.
Frequently Asked Questions
What can an appellate court do once it reviews a judgment?
Affirm the judgment if there is no error in it, and reverse it, in whole or in part, if it is erroneous, entering whatever judgment seems right and proper.
Will the appellate court always send my civil case back for a new trial if it finds error?
No. A civil case is not remanded for a trial de novo except when the ends of justice require it.
If my case is remanded, is the whole case retried?
Not necessarily. The appellate court's remand order must designate exactly which questions or points the new trial is to address.
Can the appellate court enter final judgment instead of sending the case back?
Yes, whenever the facts before the court, in its opinion, allow it to attain the ends of justice by rendering final judgment on the merits.
Does the trial de novo limitation apply to criminal cases as well as civil ones?
The section states the trial de novo restriction specifically for "a civil case," while stating the general affirm-or-reverse authority without that limitation.
Amendment History
Code 1950, § 8-493; 1977, c. 617; 1984, c. 703.
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: virginia appellate court affirm reverse remandtrial de novo virginia appeal8.01-681 decision of appellate courtvirginia appeal final judgment on merits