In any action at law or equity at the close of all the evidence, any party may move for a summary judgment upon the entire case or upon any severable issue including the issue of liability alone although there is a genuine issue as to damages.
§ 8.01-377.1.Summary judgment.
Chapter 13. Certain Incidents of Trial · Last amended 1990 · Last verified July 16, 2026
In one sentenceThis section authorizes any party in a Virginia law or equity action to move for summary judgment at the close of all the evidence, covering the entire case or any severable issue — including liability alone — even though a genuine dispute over the amount of damages remains.
Full Text of § 8.01-377.1
Plain-English Summary
Section 8.01-377.1 is a short section that does a specific job: it lets a party ask the court to decide part or all of a case as a matter of law once every bit of evidence is in, rather than waiting to see what a jury does with it. Either side may bring the motion, in an action at law or in equity.
What makes the section notable is its scope. The motion does not have to target the whole case. A party can move for summary judgment on the entire case, or narrow it to a single severable issue — liability, for instance — even while damages remain contested. That lets a court resolve a clean legal question, such as whether a defendant owed and breached a duty, without having to also nail down exactly how much the plaintiff is owed before ruling.
Because the motion comes at the close of all the evidence, it operates alongside the trial judge’s power to strike evidence and direct a verdict, giving the court another tool to keep a case that has no genuine factual dispute left from going to unnecessary jury deliberation on an issue the evidence has already settled.
Frequently Asked Questions
When can a party move for summary judgment under this section?
At the close of all the evidence in an action at law or in equity.
Does the motion have to cover the whole case?
No. A party may move for summary judgment on the entire case or on any severable issue, including the issue of liability alone.
Can a court grant summary judgment on liability if damages are still disputed?
Yes. The section allows summary judgment on the issue of liability even though there is a genuine issue as to damages.
Who may bring a motion for summary judgment under this section?
Any party to the action, whether at law or in equity.
How does this section relate to the timing of trial?
It applies at the close of all the evidence, meaning the motion is made after the evidentiary record is complete rather than before trial begins.
Amendment History
1990, c. 628.
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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