A. The right of trial by jury as declared in Article I, Section 11 of the Constitution of Virginia and by statutes thereof shall be preserved inviolate to the parties. Unless waived, any demand for a trial by jury in a civil case made in compliance with the Rules of Supreme Court of Virginia shall be sufficient, with no further notice, hearing, or order, to proceed thereon.
§ 8.01-336.Jury trial of right; waiver of jury trial; court-ordered jury trial; trial by jury of plea in equity; equitable claim.
Chapter 11. Juries · Article 1. When Jury Trial May Be Had · Last amended 2014 · Last verified July 16, 2026
In one sentencePreserves the constitutional right to a jury trial in civil actions, treats a party’s silence as a waiver that triggers a bench trial, lets a circuit court order a jury trial on its own motion, and allows either party to demand a jury on a denied equitable plea or ask for an advisory jury in equity.
Full Text of § 8.01-336
B. Waiver of jury trial. -- In any action at law in which the recovery sought is greater than $20, exclusive of interest, unless one of the parties demands that the case or any issue thereof be tried by a jury, or in a criminal action in which trial by jury is dispensed with as provided by law, the whole matter of law and fact may be heard and judgment given by the court.
C. Court-ordered jury trial. -- Notwithstanding any provision in this Code to the contrary, in any action asserting a claim at law in which there has been no demand for trial by jury by any party, a circuit court may on its own motion direct one or more issues, including an issue of damages, to be tried by a jury.
D. Trial by jury of plea in equity. -- In any action in which a plea has been filed to an equitable claim, and the allegations of such plea are denied by the plaintiff, either party may have the issue tried by jury.
E. Suit on equitable claim. -- In any suit on an equitable claim, the court may, of its own motion or upon motion of any party, supported by such party's affidavit that the case will be rendered doubtful by conflicting evidence of another party, direct an issue to be tried before an advisory jury.
Plain-English Summary
This section lays out how a jury trial gets triggered in a Virginia civil case, starting from the constitutional guarantee that the right to trial by jury stays intact for the parties. A litigant who wants a jury does not need to file a special motion or win court approval beyond making a proper demand under the Rules of Supreme Court — the demand alone puts the case on track for jury trial, with no additional notice or hearing required.
Silence has consequences. In an action at law seeking more than $20 apart from interest, if nobody demands a jury, the judge decides both the facts and the law alone, the way a bench trial works. That default only shifts if a party speaks up in time.
The section also gives judges room to act even when the parties stay quiet: a circuit court can order a jury trial on its own initiative for one or more issues, including damages, when nobody has demanded one. And it opens the door to jury involvement in equity cases too — when a plea to an equitable claim gets denied, either side can insist on a jury for that issue, and a court can send a doubtful equitable case to an advisory jury on its own motion or a party’s supported request.
Frequently Asked Questions
Do I need to file a special motion to get a jury trial in a Virginia civil case?
No. A demand for a trial by jury made in compliance with the Rules of Supreme Court of Virginia is sufficient by itself, with no further notice, hearing, or order needed to proceed.
What happens if neither party asks for a jury?
In an action at law seeking more than $20 exclusive of interest, the whole matter of law and fact may be heard and judgment given by the court alone, functioning as a waiver of the jury.
Can a judge order a jury trial even if no party requested one?
Yes. A circuit court may, on its own motion, direct one or more issues, including an issue of damages, to be tried by a jury even without a demand from any party.
Can an equitable claim ever go before a jury?
Yes. If a plea filed to an equitable claim is denied by the plaintiff, either party may have that issue tried by jury.
What is an advisory jury and when does a court use one?
A court may direct an issue to be tried before an advisory jury on its own motion, or on a party’s motion supported by an affidavit that the case will be rendered doubtful by conflicting evidence.
Amendment History
Code 1950, §§ 8-208.21, 8-211, 8-212, 8-213, 8-214; 1954, c. 333; 1973, c. 439; 1974, c. 611; 1975, c. 578; 1977, c. 617; 2005, c. 681; 2014, c. 172.
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 jury trial demandvirginia right to jury trial civil casewaiver of jury trial virginiavirginia court ordered jury trialvirginia advisory juryjury trial equitable claim virginia