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§ 8.01-379.3.General verdict accompanied by answer to interrogatories.

Chapter 13. Certain Incidents of Trial · Last amended 2005 · Last verified July 16, 2026

In one sentenceThis section lets a Virginia court, when a civil case’s complexity warrants it, submit written interrogatories alongside a general verdict form to the jury, restricts interrogatories in personal-injury and wrongful-death negligence cases to specific circumstances, and requires the court to seek further deliberation or order a new trial when the jury’s answers and general verdict conflict.

Full Text of § 8.01-379.3

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Except in actions for negligence resulting in injury to person or death by wrongful act, in civil actions when the court determines that the complexity of the issues warrant, the court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. In actions for negligence resulting in injury to person or death by wrongful act, the court shall submit to the jury a general verdict form only, provided that the court may submit interrogatories to the jury if otherwise specifically authorized by law, if under substantive law governing the case comparative negligence applies, or if all parties to the action agree that interrogatories may be submitted to the jury. The court shall give such explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories and to render a general verdict, and the court shall direct the jury both to make written answers and to render a general verdict. When the general verdict and the answers are consistent, the appropriate judgment upon the verdict and answers shall be entered by the court. When the answers are consistent with each other but one or more is inconsistent with the general verdict, or when the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, judgment shall not be entered and the court shall either order the jury to further consider its answers and verdict or order a new trial.

Plain-English Summary

A general verdict tells you who won and how much, but not always why. Section 8.01-379.3 lets a Virginia court ask the jury to show its work. When the court decides a civil case is complex enough to warrant it, the judge can submit written interrogatories on one or more factual issues alongside the standard general verdict forms, so the jury answers specific questions in addition to reaching an overall verdict.

Negligence cases involving personal injury or death by wrongful act get special treatment. There, the default is a general verdict form only — no interrogatories — unless another statute specifically authorizes them, the case involves comparative negligence under the governing substantive law, or every party agrees to let interrogatories go to the jury. That carve-out reflects a legislative choice to keep those cases simpler for the jury unless there is a specific reason to do otherwise.

Whenever interrogatories do go out, the court has to instruct the jury well enough that it can both answer the specific questions and still reach a general verdict, and the court directs the jury to do both in writing. If the general verdict and the interrogatory answers line up, the court enters judgment on them. But if the answers conflict with each other, or one or more answers conflicts with the general verdict, the court cannot pick a winner on its own — it has to send the jury back to reconcile its own findings, or order a new trial altogether.

Frequently Asked Questions

When can a court submit interrogatories along with a general verdict form?

In civil actions when the court determines that the complexity of the issues warrants it, except in actions for negligence resulting in injury to person or death by wrongful act, which follow a different rule.

Are interrogatories allowed in negligence cases involving personal injury or wrongful death?

Generally the court submits a general verdict form only in those cases, unless interrogatories are otherwise specifically authorized by law, comparative negligence applies under the substantive law governing the case, or all parties agree to submit interrogatories.

What must the court do when giving the jury interrogatories?

Give whatever explanation or instruction is necessary for the jury to both answer the interrogatories and render a general verdict, and direct the jury to make written answers and render a general verdict.

What happens when the general verdict and the interrogatory answers agree?

The court enters the appropriate judgment upon the verdict and the answers.

What happens if the jury’s answers are inconsistent with the general verdict or with each other?

Judgment is not entered; the court must either order the jury to further consider its answers and verdict or order a new trial.

Amendment History

2005, c. 499.

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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