§ 8.01-379.1.Informing jury of amounts sued for.
Chapter 13. Certain Incidents of Trial · Last amended 1993 · Last verified July 16, 2026
Full Text of § 8.01-379.1
Plain-English Summary
Juries deciding how much to award often want a number to anchor their thinking, and for years Virginia practice restricted how much a jury could hear about the amount at stake. Section 8.01-379.1 opens that door. Any party — not just the plaintiff — may tell the jury what amount of damages the plaintiff is seeking, whether in the opening statement, the closing argument, or both.
The section also gives the plaintiff flexibility about the number itself. A plaintiff is not locked into repeating the ad damnum — the maximum dollar figure demanded in the motion for judgment — when addressing the jury. Instead, a plaintiff may request an amount lower than that ceiling, which lets counsel argue for a figure that better fits how the evidence developed at trial rather than the number pled at the outset of the case.
Because the section opens with “notwithstanding any other provision of law,” it overrides any conflicting limitation elsewhere, making clear the legislature meant this permission to control regardless of older practice restricting what juries could be told about the damages sought.
Frequently Asked Questions
Who may tell the jury the amount of damages sought?
Any party in the civil action, not only the plaintiff.
At what points in trial can the amount be mentioned?
In the opening statement, the closing argument, or both.
Must the plaintiff request the same amount pled in the motion for judgment?
No. The plaintiff may request an amount that is less than the ad damnum stated in the motion for judgment.
Can a plaintiff request an amount higher than the ad damnum?
The text authorizes the plaintiff to request an amount less than the ad damnum; it does not address requesting more than what was pled.
Does this section override other conflicting provisions of law?
Yes. It applies “notwithstanding any other provision of law,” which gives it priority over any conflicting rule limiting what a party may tell the jury about damages sought.
Amendment History
1988, c. 321; 1993, c. 615.