When a declaration of right or the granting of further relief based thereon shall involve the determination of issues of fact triable by a jury, such issues may be submitted to a jury in the form of interrogatories, with proper instructions by the court, whether a general verdict be required or not.
§ 8.01-188.Jury trial.
Chapter 3. Actions · Article 17. Declaratory Judgments · Last amended 1977 · Last verified July 16, 2026
In one sentenceWhen a declaratory judgment or further relief turns on factual issues a jury could try, those issues may be submitted to the jury as interrogatories, with proper instructions, whether or not the court also requires a general verdict.
Full Text of § 8.01-188
Plain-English Summary
Section 8.01-188 addresses how disputed facts get resolved when a declaratory judgment case, or a request for further relief under Section 8.01-186, involves issues that would normally be tried to a jury. Rather than requiring the traditional single up-or-down general verdict, the section allows the court to submit those factual issues to the jury in the form of interrogatories — specific questions the jury answers one by one.
The court still gives proper instructions to guide the jury’s answers, and the interrogatory approach can be used whether or not a general verdict is also required in the case. That flexibility fits the nature of declaratory relief, which often turns on discrete factual findings — was a notice given, did a condition occur, what did a document mean in context — rather than a single verdict for one party or the other.
Frequently Asked Questions
How can factual issues in a declaratory judgment case be presented to a jury?
In the form of interrogatories, with proper instructions from the court.
Does the court still have to require a general verdict when using interrogatories?
No, interrogatories may be used whether or not a general verdict is also required.
Does this section apply to requests for further relief as well as the initial declaration?
Yes, it covers both a declaration of right and the granting of further relief based on it.
Why might interrogatories suit declaratory judgment cases particularly well?
Because such cases often turn on specific factual findings rather than a single verdict for one side.
Who decides whether to use interrogatories instead of, or alongside, a general verdict?
The court, which frames the interrogatories and gives the jury proper instructions.
Amendment History
Code 1950, § 8-582; 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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