Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 11. Juries » Article 1. When Jury Trial May Be Had
Virginia Code

Va. Code Ann. § 8.01-336 (2026)

Jury trial of right; waiver of jury trial; court-ordered jury trial; trial by jury of plea in equity; equitable claim

✓ current as of May 2026
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A. The right of trial by jury as declared in Article I, Section 11 of the Constitution of Virginia and by statutes thereof shall be preserved inviolate to the parties. Unless waived, any demand for a trial by jury in a civil case made in compliance with the Rules of Supreme Court of Virginia shall be sufficient, with no further notice, hearing, or order, to proceed thereon.

B. Waiver of jury trial. -- In any action at law in which the recovery sought is greater than $20, exclusive of interest, unless one of the parties demands that the case or any issue thereof be tried by a jury, or in a criminal action in which trial by jury is dispensed with as provided by law, the whole matter of law and fact may be heard and judgment given by the court.

C. Court-ordered jury trial. -- Notwithstanding any provision in this Code to the contrary, in any action asserting a claim at law in which there has been no demand for trial by jury by any party, a circuit court may on its own motion direct one or more issues, including an issue of damages, to be tried by a jury.

D. Trial by jury of plea in equity. -- In any action in which a plea has been filed to an equitable claim, and the allegations of such plea are denied by the plaintiff, either party may have the issue tried by jury.

E. Suit on equitable claim. -- In any suit on an equitable claim, the court may, of its own motion or upon motion of any party, supported by such party's affidavit that the case will be rendered doubtful by conflicting evidence of another party, direct an issue to be tried before an advisory jury.

Code 1950, §§ 8-208.21, 8-211, 8-212, 8-213, 8-214; 1954, c. 333; 1973, c. 439; 1974, c. 611; 1975, c. 578; 1977, c. 617; 2005, c. 681; 2014, c. 172.

Notes of Decisions
Cited in 63 cases (5 in the last 5 years), 1981–2026 · leading case: William Scott Ingram v. Commonwealth of Virginia, 741 S.E.2d 97 (Va. Ct. App. 2013).
Sort: Relevance Newest Treatment
William Scott Ingram v. Commonwealth of Virginia, 741 S.E.2d 97 (Va. Ct. App. 2013). · cites it 16× “Titled “Trial by jury of plea in equity,” subsection D of Code § 8.01-336 provides: “In any action in which a plea has been filed to an equitable claim, and the allegations of such plea are denied by the plaintiff, either party may have the issue tried by jury.”
Nelms v. Nelms, 374 S.E.2d 4 (Va. 1988). · cites it 10× “He treated the jury’s response to the interrogatory as a conventional jury verdict, however, and we assume, as the respondents do, that he relied upon Code § 8.01-336(D) which provides as follows: In any action in which a plea has been filed to an equitable claim, and the…”
Supinger v. Stakes, 495 S.E.2d 813 (Va. 1998). · cites it 8× “2d 436, 437 (1992); see Code § 8.01-336. "Trial by jury is a sacred right, and should be sedulously guarded.”
Helen & Robert W. v. Fairfax Cnty. Dep't of Human Dev., 407 S.E.2d 25 (Va. Ct. App. 1991). · cites it 4× “Further, we find no merit in the parents’ claim that they were entitled to a jury trial pursuant to Code § 8.01-336(D). The parents claim there were no facts supporting termination and, thus, their plea reduced the proceedings to a single issue.”
Hur v. Virginia Dep't of Soc. Servs. Ex Rel. Klopp, 409 S.E.2d 454 (Va. Ct. App. 1991). · cites it 6× “JURY TRIAL FOR PLEA IN EQUITY Hur contends that the trial court erred in denying his request pursuant to Code § 8.01-336(D) for a jury trial. We disagree.”
Stanardsville Volunteer Fire Co. v. Berry, 331 S.E.2d 466 (Va. 1985). · cites it 8× “Code § 8.01-336 provides in pertinent part: A.”
Hawthorne v. VanMarter, 692 S.E.2d 226 (Va. 2010). · cites it 4× “See Code § 8.01-336(B); Bethel Inv. Co. v. City of Hampton, 272 Va.”
Forest Lakes Cmty. Ass'n, Inc. v. United Land Corp. of Am., 795 S.E.2d 875 (Va. 2017). · cites it 2× “None of the parties requested that a jury be empaneled pursuant to Code § 8.01-336(B). The POAs' counsel agreed.”
Lee v. Mulford, 611 S.E.2d 349 (Va. 2005). · cites it 4× “" We need not interpret the Constitution of Virginia in this case because the General Assembly, acting pursuant to this constitutional provision, has provided in Code § 8.01-336: A. The right of trial by jury as declared in Article I, Section 11 of the Constitution of Virginia…”
Angstadt v. Atl. Mut. Ins., 492 S.E.2d 118 (Va. 1997). · cites it 6× “Further, when the chancellor asked the defendants’ counsel how many questions should be included in the issue out of chancery, the defendants’ counsel did not object to the use of that procedure, but discussed the substantive questions involved.”
Wright v. Castles, 349 S.E.2d 125 (Va. 1986). · cites it 2× “15, 21 (1921), and, absent a plea in equity, see Code § 8.01-336(D), no statutory right. Moreover, a chancery suit is not res judicata to a subsequent law action unless the very matter in controversy in the pending action was decided in the prior suit.”
Keatley v. Food Lion, Inc., 715 F. Supp. 1335 (E.D. Va. 1989). · cites it 6× “Subsection 8.01-336(B) of the Virginia Code reads, in part: Waiver of jury trial.”
Show all 63 citing cases →
— Va. Code Ann. § 8.01-336(A) — 4 cases
William Scott Ingram v. Commonwealth of Virginia, 741 S.E.2d 97 (Va. Ct. App. 2013). “Titled “Trial by jury of plea in equity,” subsection D of Code § 8.01-336 provides: “In any action in which a plea has been filed to an equitable claim, and the allegations of such plea are denied by the plaintiff, either party may have the issue tried by jury.”
Bethel Inv. Co. v. City of Hampton, 636 S.E.2d 466 (Va. 2006).
Anthony Sahadeo v. City of Norfolk (Va. Ct. App. 2024).
Virginia Mut. Ins. v. Burgess, 51 Va. Cir. 269 (Roanoke County Cir. Ct. 2000).
— Va. Code Ann. § 8.01-336(B) — 15 cases
Hawthorne v. VanMarter, 692 S.E.2d 226 (Va. 2010). “See Code § 8.01-336(B); Bethel Inv. Co. v. City of Hampton, 272 Va.”
Forest Lakes Cmty. Ass'n, Inc. v. United Land Corp. of Am., 795 S.E.2d 875 (Va. 2017). “None of the parties requested that a jury be empaneled pursuant to Code § 8.01-336(B). The POAs' counsel agreed.”
Supinger v. Stakes, 495 S.E.2d 813 (Va. 1998). “2d 436, 437 (1992); see Code § 8.01-336. "Trial by jury is a sacred right, and should be sedulously guarded.”
Keatley v. Food Lion, Inc., 715 F. Supp. 1335 (E.D. Va. 1989). “Subsection 8.01-336(B) of the Virginia Code reads, in part: Waiver of jury trial.”
Wingate v. Insight Health Corp., 87 Va. Cir. 227 (Roanoke County Cir. Ct. 2013).
— Va. Code Ann. § 8.01-336(C) — 1 case
Anthony Sahadeo v. City of Norfolk (Va. Ct. App. 2024).
— Va. Code Ann. § 8.01-336(D) — 21 cases
William Scott Ingram v. Commonwealth of Virginia, 741 S.E.2d 97 (Va. Ct. App. 2013). “Titled “Trial by jury of plea in equity,” subsection D of Code § 8.01-336 provides: “In any action in which a plea has been filed to an equitable claim, and the allegations of such plea are denied by the plaintiff, either party may have the issue tried by jury.”
Helen & Robert W. v. Fairfax Cnty. Dep't of Human Dev., 407 S.E.2d 25 (Va. Ct. App. 1991). “Further, we find no merit in the parents’ claim that they were entitled to a jury trial pursuant to Code § 8.01-336(D). The parents claim there were no facts supporting termination and, thus, their plea reduced the proceedings to a single issue.”
Nelms v. Nelms, 374 S.E.2d 4 (Va. 1988). “He treated the jury’s response to the interrogatory as a conventional jury verdict, however, and we assume, as the respondents do, that he relied upon Code § 8.01-336(D) which provides as follows: In any action in which a plea has been filed to an equitable claim, and the…”
Hur v. Virginia Dep't of Soc. Servs. Ex Rel. Klopp, 409 S.E.2d 454 (Va. Ct. App. 1991). “JURY TRIAL FOR PLEA IN EQUITY Hur contends that the trial court erred in denying his request pursuant to Code § 8.01-336(D) for a jury trial. We disagree.”
Stanardsville Volunteer Fire Co. v. Berry, 331 S.E.2d 466 (Va. 1985). “Code § 8.01-336 provides in pertinent part: A.”
— Va. Code Ann. § 8.01-336(E) — 20 cases
Nelms v. Nelms, 374 S.E.2d 4 (Va. 1988). “He treated the jury’s response to the interrogatory as a conventional jury verdict, however, and we assume, as the respondents do, that he relied upon Code § 8.01-336(D) which provides as follows: In any action in which a plea has been filed to an equitable claim, and the…”
Angstadt v. Atl. Mut. Ins., 492 S.E.2d 118 (Va. 1997). “Further, when the chancellor asked the defendants’ counsel how many questions should be included in the issue out of chancery, the defendants’ counsel did not object to the use of that procedure, but discussed the substantive questions involved.”
Hur v. Virginia Dep't of Soc. Servs. Ex Rel. Klopp, 409 S.E.2d 454 (Va. Ct. App. 1991). “JURY TRIAL FOR PLEA IN EQUITY Hur contends that the trial court erred in denying his request pursuant to Code § 8.01-336(D) for a jury trial. We disagree.”
William Scott Ingram v. Commonwealth of Virginia, 741 S.E.2d 97 (Va. Ct. App. 2013). “Titled “Trial by jury of plea in equity,” subsection D of Code § 8.01-336 provides: “In any action in which a plea has been filed to an equitable claim, and the allegations of such plea are denied by the plaintiff, either party may have the issue tried by jury.”
Stanardsville Volunteer Fire Co. v. Berry, 331 S.E.2d 466 (Va. 1985). “Code § 8.01-336 provides in pertinent part: A.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.