(a) By Jury. — When trial by jury has been demanded as provided in Rule 3:21, the action will be designated upon the docket as a jury action. The trial of all issues so demanded must be by jury, unless (1) the parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury; or (2) the court upon motion or of its own initiative finds that a right of trial by jury on some or all of those issues does not exist under applicable law.
Rule 3:22.Trial by Jury or by the Court.
Part Three: Practice and Procedures in Civil Actions · Last amended 2021 · Last verified July 16, 2026
In one sentenceDetermines when a demanded jury trial proceeds before a jury versus the court alone, addresses advisory and statutory jury rights in certain equitable claims, allows the parties to consent to a jury on non-jury issues, and requires a trial sequence that protects properly triable jury issues when jury and non-jury claims are mixed.
Full Text of Rule 3:22
(c) Statutory Jury Rights in Certain Equitable Claims. —
(1) In an equitable claim where no right to a jury trial otherwise exists, where impaneling of an advisory jury pursuant to Code § 8.01-336(E) to hear an issue will be helpful to the court concerning disputed fact issues, such a jury may be seated. Decision on such claims and issues will be made by the judge.
(2) Where a jury trial on a defendant's plea in an equitable claim is authorized under Code § 8.01-336(D), trial of the issues presented by the plea will be by a jury whose verdict on those issues has the same effect as if trial by jury had been a matter of right.
(d) Party Consent to Jury. — As to any claim not triable of right by a jury, the court, with the consent of the parties, may (i) order trial of any claim or issue with an advisory jury or, (ii) a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.
(e) Trial by Mixed Jury and Non-Jury Claims. — In any case when there are both jury and non-jury issues to be tried, the court must adopt trial procedures and a sequence of proceedings to assure that all issues properly heard by the jury are decided by it, and applicable factual determinations by the jury will be used by the judge in resolving the non-jury issues in the case.
Plain-English Summary
Once a jury trial has been demanded under Rule 3:21, the case is docketed as a jury action, and every issue so demanded must be tried by a jury — unless the parties stipulate, in writing filed with the court or orally in open court on the record, to trial by the court instead, or the court finds, on its own initiative or on motion, that no right to a jury trial exists on some or all of those issues under the applicable law. Everything else — issues not demanded for jury trial under Rule 3:21, and issues where no jury-trial right exists at all — is tried by the court.
Certain equitable claims get their own jury mechanisms even where no right to a jury otherwise exists. Under Code § 8.01-336(E), the court may seat an advisory jury to hear disputed fact issues if doing so would help, but the decision on the claim and those issues still rests with the judge. Separately, when a defendant’s plea in an equitable claim triggers a jury right under Code § 8.01-336(D), the issues raised by that plea are tried by a jury whose verdict carries the same effect as if a jury trial had been a matter of right.
Parties can also agree to bring in a jury where none was otherwise required: as to any claim not triable of right by a jury, the court, with the parties’ consent, may order either an advisory jury or a jury whose verdict has the full effect of a jury trial as a matter of right.
When a single case mixes jury and non-jury issues, the court has to adopt trial procedures and a sequence that make sure every issue properly triable by the jury is decided by it, and the jury’s factual findings on those issues then guide the judge in resolving the case’s non-jury issues.
Frequently Asked Questions
If a jury trial was demanded, does the case automatically go to a jury?
Generally yes — the trial of demanded issues must be by jury, unless the parties stipulate to a bench trial or the court finds no jury-trial right exists on those issues under applicable law.
Can parties agree to skip the jury after one was demanded?
Yes, by written stipulation filed with the court or an oral stipulation made in open court and entered in the record, the parties can consent to trial by the court instead.
Can an equitable claim ever be heard with an advisory jury?
Yes. Under Code § 8.01-336(E), the court may seat an advisory jury to help with disputed fact issues in an equitable claim, but the judge still decides the claim.
Can the parties agree to a binding jury trial even where no right to one exists?
Yes. With the parties’ consent, the court may order a jury trial with the same effect as a matter of right, or an advisory jury, on a claim not otherwise triable by jury.
How does the court handle a case with both jury and non-jury issues?
It has to adopt trial procedures and a sequence ensuring the jury decides every issue properly triable to it, and the judge then uses the jury’s factual findings in resolving the remaining non-jury issues.
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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