(a) Jury Trial Situations Unchanged. — The right of trial by jury as declared by the Constitution of Virginia, or as given by an applicable statute or other authority, is unchanged by these rules, and will be implemented as established law provides. Established practice for the trial and decision of equitable claims by the judge alone is continued.
Rule 3:21.Jury Trial of Right.
Part Three: Practice and Procedures in Civil Actions · Last amended 2021 · Last verified July 16, 2026
In one sentencePreserves the existing right to jury trial in Virginia while requiring a party to demand it in writing within 10 days after the last pleading directed to the triable issue, lets the demand be limited to specific issues, and treats a missed demand as a waiver absent leave of court for good cause.
Full Text of Rule 3:21
(b) Demand. — Any party may demand a trial by jury of any issue triable of right by a jury in the complaint or by (1) serving upon other parties a demand therefore in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to the issue, and (2) filing the demand with the trial court. Such demand may be endorsed upon a pleading of the party. In an Electronically Filed Case, endorsement of such demand may be made as provided in Rule 1:17. The court may set a final date for service of jury demands. Leave to file amended pleadings will not extend the time for serving and filing a jury demand unless the order granting leave to amend expressly so states.
(c) Specification of Issues. — In the demand a party may specify the issues which the party wishes so tried; otherwise the party is deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action.
(d) Waiver. — Absent leave of court for good cause shown, the failure of a party to serve and file a demand as required by this rule constitutes a waiver by the party of trial by jury.
Plain-English Summary
This rule doesn’t create the right to a jury trial — it manages how that existing right gets exercised. The right as declared by the Virginia Constitution, or given by an applicable statute or other authority, stays exactly as it was; equitable claims continue to be tried and decided by the judge alone, following established practice.
To invoke a jury trial on any triable issue, a party can demand it in the complaint, or by serving a written demand on the other parties any time after the action commences and no later than 10 days after service of the last pleading directed to that issue, and by filing the demand with the trial court. The demand can be endorsed on one of the party’s own pleadings, and in an Electronically Filed Case, that endorsement follows Rule 1:17’s procedures. A court may set a final date for serving jury demands, and getting leave to amend a pleading doesn’t extend the jury-demand deadline unless the order granting that leave expressly says so.
A party can tailor the demand to specific issues; if the demand doesn’t specify, it’s read as a demand for a jury trial on every triable issue. When a party does limit the demand to some issues, any other party has 10 days after being served with that demand — or less, if the court orders a shorter time — to demand a jury trial on any of the remaining issues.
None of this happens automatically. Absent leave of court for good cause shown, a party who doesn’t serve and file a jury demand as this rule requires waives the right to a jury trial.
Frequently Asked Questions
Does this rule create a right to a jury trial in Virginia civil cases?
No. It leaves the existing right — as declared by the Virginia Constitution, statute, or other authority — unchanged, and governs only how a party invokes it.
How does a party demand a jury trial in a Virginia circuit court case?
By demanding it in the complaint, or by serving a written demand on the other parties and filing it with the court no later than 10 days after service of the last pleading directed to the triable issue.
Can a jury demand cover only some issues in the case rather than all of them?
Yes. A party may specify the issues to be tried by jury in the demand; if none are specified, the party is deemed to have demanded a jury trial on every triable issue.
What happens if only one party demands a jury trial on some of the issues?
Any other party has 10 days after being served with that demand, or a shorter time if the court orders one, to demand a jury trial on any other or all of the remaining triable issues.
What happens if no one files a timely jury demand?
The right is waived, absent leave of court for good cause shown.
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
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