If, upon the return of such rule, any party thereto demand a trial by jury, the court shall order a trial by jury to ascertain what liability, if any, exists against any such special commissioner, receiver, or purchaser, and their sureties; and the court shall enter judgment on the verdict awarded by the jury. New trials may be granted as in other cases; and notwithstanding such rules be awarded and judgment be rendered against part only of the persons liable thereto, the court may award new rules and proceed to judgment against all the parties who are liable thereto. The provisions of this section, and §§ 8.01-105 and 8.01-106, shall apply to any officers and their sureties, acting under the decree of the court.
§ 8.01-107.Trial by jury of issues made upon rule.
Chapter 3. Actions · Article 11. General Provisions for Judicial Sales · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-107 entitles any party to a jury trial on the liability of a special commissioner, receiver, or purchaser and their sureties once a rule under Section 8.01-105 is returned, permits new trials, and lets the court proceed to judgment against all liable parties even after a partial judgment.
Full Text of § 8.01-107
Plain-English Summary
Section 8.01-107 supplies the jury-trial alternative to the bench hearing described in Section 8.01-106. If, upon the return of the rule, any party demands a jury, the court must order a jury trial to determine what liability, if any, the special commissioner, receiver, or purchaser and their sureties have. The court then enters judgment on whatever verdict the jury returns.
New trials remain available in these proceedings just as they are in any other civil case. And the section addresses a practical wrinkle: even if a rule has already been awarded and judgment rendered against only some of the people liable, the court may still award new rules and carry the matter through to judgment against all the remaining parties who are liable. Finally, the section extends this framework — along with Sections 8.01-105 and 8.01-106 — to any officers and their sureties acting under a court’s decree, not just commissioners, receivers, and purchasers by name.
Frequently Asked Questions
Can I demand a jury trial on a rule against a special commissioner or purchaser?
Yes. Section 8.01-107 says any party may demand a jury trial upon the return of the rule, and the court must order one.
What does the jury decide in this kind of proceeding?
What liability, if any, exists against the special commissioner, receiver, or purchaser and their sureties.
Are new trials available if a party is unhappy with the jury’s verdict?
Yes, new trials may be granted in these proceedings as in other cases.
If judgment was already entered against some but not all liable parties, can the court still reach the rest?
Yes. The court may award new rules and proceed to judgment against all remaining parties who are liable, even after a partial judgment.
Does this jury-trial right extend to other court officers besides commissioners and receivers?
Yes. The section applies to any officers and their sureties acting under a court’s decree, in addition to special commissioners, receivers, and purchasers.
Amendment History
Code 1950, § 8-666; 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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