Part One: General Rules Applicable to All Proceedings · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 1:11 requires a trial court that sustains a motion to strike a party’s evidence in a jury trial — or, after overruling one and getting a hung jury, that later agrees it erred — to enter summary judgment or partial summary judgment consistent with that ruling.
Full Text of Rule 1:11
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If the court sustains a motion to strike the evidence of either party in a civil case being tried before a jury, or the evidence of the Commonwealth in a criminal case being so tried, then the court should enter summary judgment or partial summary judgment in conformity with its ruling on the motion to strike.
If the court overrules a motion to strike the evidence and there is a hung jury, the moving party may renew the motion immediately after the discharge of the jury, and, if the court is of opinion that it erred in denying the motion, it should enter summary judgment or partial summary judgment in conformity with its ruling on the motion to strike.
Plain-English Summary
Rule 1:11 tells the court what to do once it rules on a motion to strike the evidence in a jury trial. If the court sustains a motion to strike either party’s evidence in a civil case, or the Commonwealth’s evidence in a criminal case, the court should follow through by entering summary judgment or partial summary judgment in line with that ruling — the ruling on the motion is not the end of the matter by itself.
The rule also covers a hung jury. If the court overrules a motion to strike and the jury deadlocks, the moving party may renew the motion right after the jury is discharged. If the court then concludes it erred in denying the motion the first time, it should enter summary judgment or partial summary judgment consistent with that conclusion.
Frequently Asked Questions
What happens after a Virginia trial court grants a motion to strike the evidence?
The court should enter summary judgment or partial summary judgment in conformity with its ruling on the motion to strike, under Rule 1:11.
Does granting a motion to strike the evidence, by itself, end the case?
Not under Rule 1:11 alone — and Rule 1:1(e) confirms it: an order that merely grants a motion to strike, without entering summary judgment or dismissing the claim, does not dispose of the claim.
Can I renew a motion to strike the evidence if the jury hangs?
Yes. Rule 1:11 lets the moving party renew the motion immediately after the jury is discharged if the court had overruled it and the jury could not reach a verdict.
What happens if the court decides it was wrong to deny the motion to strike after a hung jury?
It should enter summary judgment or partial summary judgment in conformity with its ruling on the renewed motion to strike, under Rule 1:11.
Does Rule 1:11 apply to criminal cases?
In part. It applies to a motion to strike the Commonwealth’s evidence in a criminal case tried before a jury, in addition to a motion to strike either party’s evidence in a civil jury case.
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as:motion to strike the evidence VirginiaJMOLJNOVdirected verdict equivalent Virginiahung jury renew motion to strikesummary judgment after motion to strike Virginia