When the action is commenced in the circuit court, the summons is returnable thereto and, upon application of either party trial by jury shall be had.
§ 8.01-125.When summons returnable to circuit court; jury.
Chapter 3. Actions · Article 13. Unlawful Entry and Detainer · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-125 provides that when an unlawful entry or detainer action is commenced in circuit court, the summons is returnable there, and either party may demand a trial by jury.
Full Text of § 8.01-125
Plain-English Summary
Section 8.01-125 is a short procedural bridge for actions commenced under Section 8.01-124. When the action starts in the circuit court, the summons in the case is returnable to that same circuit court — there is no separate lower-court stage to work through first.
The section also preserves the right to a jury. Upon application of either party, the case is tried by jury rather than decided by the judge alone, giving both the plaintiff and the defendant a say in how the facts get resolved.
Frequently Asked Questions
If I file an unlawful entry and detainer action in circuit court, where does the summons return?
To the circuit court itself, since that is where the action was commenced.
Can either side request a jury trial in this kind of case?
Yes. Upon application of either party, trial by jury is had.
Does the plaintiff have to request the jury, or can the defendant do it too?
Either party may apply for a jury trial under this section.
Is a jury automatic, or does someone have to ask for one?
Someone has to ask. The jury is available upon application of either party, not automatically.
Does this section apply to unlawful detainer cases that start before a magistrate?
No, it addresses actions commenced in the circuit court under Section 8.01-124, a separate track from the magistrate-issued summons under Section 8.01-126.
Amendment History
Code 1950, § 8-792; 1954, c. 333; 1970, c. 272; 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: jury trial unlawful detainer virginia8.01-125 virginia codecircuit court summons possession virginiaunlawful entry jury demand virginia