Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 13. Certain Incidents of Trial
Virginia Code

Va. Code Ann. § 8.01-378 (2026)

Trial judge not to direct verdicts

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

In no action tried before a jury shall the trial judge give to the jury a peremptory instruction directing what verdict the jury shall render. If the trial judge has granted a motion to strike the evidence of the plaintiff or the defendant, the judge shall enter summary judgment or partial summary judgment in conformity with his ruling on the motion to strike.

Code 1950, § 8-218; 1958, c. 208; 1977, c. 617; 1985, c. 214; 1986, c. 253.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1987–2024 · leading case: Kesler v. Allen, 353 S.E.2d 777 (Va. 1987).
Sort: Relevance Newest Treatment
Kesler v. Allen, 353 S.E.2d 777 (Va. 1987). · cites it 4× “Vol.) (amended Act 1986 c. 253). If the court’s ruling is considered tantamount to sustaining a motion to strike, and if the latter would have been proper in the circumstances of the case, the error of directing a verdict would have been harmless.”
Centra Health, Inc. v. Mullins, 670 S.E.2d 708 (Va. 2009). · cites it 2× “Code § 8.01-378; Kesler v. Allen, 233 Va.”
Bd. of Supervisors v. S. Cross Coal Corp., 380 S.E.2d 636 (Va. 1989). · cites it 2× “01-681, we will reverse the judgment of the trial court insofar as it released the Surety, and enter final judgment here in the Board’s favor against the Surety in the amount fixed by the jury’s verdict.”
Shannon B. Boyette v. Carrie E. Sprouse (Va. Ct. App. 2024). · cites it 4× “The trial court refused the latter request because Code § 8.01-378 prohibits trial judges from directing jury verdicts.”
Kiddell v. Labowitz (Va. 2012). · cites it 4× “See Code § 8.01-378. When the trial court has denied a motion to strike, “the trial continues as if the motion had not been made.”
Long v. Thompson, 65 Va. Cir. 401 (Richmond County Cir. Ct. 2004). · cites it 2× “Virginia Code § 8.01-378 refers to motions to strike by the plaintiff or the defendant.”
Paradox Corp., etc. v. Virginia ABC Bd. (Va. Ct. App. 1995). · cites it 2× “Rule 1:11 and Code § 8.01-378, cited by The Edge, specifically apply to jury trials.”
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.