The court may, and on the motion of any party shall, cause a jury to be impaneled to ascertain any facts which are disputed, or the amount of any claim which is unliquidated.
§ 8.01-194.Jury may be impaneled; judgment.
Chapter 3. Actions · Article 18. Recovery of Claims Against the Commonwealth of Virginia · Last amended 1977 · Last verified July 16, 2026
In one sentenceThe court may impanel a jury to resolve disputed facts or an unliquidated claim amount in a Commonwealth-claim action, and must do so if any party moves for it.
Full Text of § 8.01-194
Plain-English Summary
Section 8.01-194 addresses fact-finding in an action to recover a claim against the Commonwealth. The court has general authority to cause a jury to be impaneled to sort out disputed facts, or to determine the amount of a claim that is unliquidated — meaning not fixed by agreement or a definite formula.
That authority is not purely discretionary, though. If any party to the case moves for a jury, the court shall impanel one; the choice belongs to the court only when no party has requested it. That structure gives either the claimant or the Commonwealth, through the Comptroller, the ability to insist on a jury’s resolution of contested facts or an uncertain claim amount.
Frequently Asked Questions
Can the court decide on its own to impanel a jury in a Commonwealth-claim case?
Yes, the court may do so to ascertain disputed facts or an unliquidated claim amount.
Is the court required to impanel a jury under any circumstance?
Yes, on the motion of any party.
What kinds of issues can a jury impaneled under this section decide?
Disputed facts, or the amount of an unliquidated claim.
Who can move for a jury under Section 8.01-194?
Any party to the case.
Does this section apply when the claim amount is already fixed and undisputed?
It addresses disputed facts and unliquidated amounts specifically; a claim with no factual dispute and a fixed amount would not present the kind of issue this section covers.
Amendment History
Code 1950, § 8-754; 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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