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

Va. Code Ann. § 8.01-383 (2026)

Power to grant new trial; how often

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

In any civil case or proceeding, the court before which a trial by jury is had, may grant a new trial, unless it be otherwise specially provided. A new trial may be granted as well where the damages awarded are too small as where they are excessive. Not more than two new trials shall be granted to the same party in the same cause on the ground that the verdict is contrary to the evidence, either by the trial court or the appellate court, or both.

Code 1950, § 8-224; 1977, c. 617.

Notes of Decisions
Cited in 58 cases, 1980–2015 · leading case: Supinger v. Stakes, 495 S.E.2d 813 (Va. 1998).
Sort: Relevance Newest Treatment
Supinger v. Stakes, 495 S.E.2d 813 (Va. 1998). · cites it 4× “See Code § 8.01-383. However, an examination of the analytic differences between remittitur and additur raises the question whether the use of additur, without the plaintiff's consent, does, in fact, restore to the plaintiff the right to a full and fair jury trial.”
Ford Motor Co. v. Bartholomew, 297 S.E.2d 675 (Va. 1982). · cites it 2× “He may put the plaintiff on terms to accept a remittitur in lieu of a new trial, Code § 8.01-383.1, or he may grant the defendant a new trial limited to damages, Code § 8.”
Johnson v. Smith, 403 S.E.2d 685 (Va. 1991). · cites it 2× “* *400 In pertinent part, Code § 8.01-383 provides: “In any civil case or proceeding, the court before which a trial by jury is had, may grant a new trial.”
LaVay Corp. v. Dominion Fed. Sav. & Loan Ass'n, 645 F. Supp. 612 (E.D. Va. 1986). · cites it 4× “, and Va.Code § 8.01-383, et seq., the court may order a remittitur.”
Downer v. CSX Transp., Inc., 507 S.E.2d 612 (Va. 1998). · cites it 2× “Additionally, the jury was instructed without objection that it could reduce the amount of Downer's recovery "in proportion to the relative negligence of the plaintiff and defendant.”
Robinson v. Old Dominion Freight Line, Inc., 372 S.E.2d 142 (Va. 1988). · cites it 2× “2d 323, 331 (1976); see Code §§ 8.01-383, -383.1. In Hogan v. Carter & Grinstead, 226 Va.”
Freeman v. Case Corp., 924 F. Supp. 1456 (W.D. Va. 1996). · cites it 3× “If the monetary award is “out of proportion to the injuries suffered,” but not so large that the jury’s verdict as to liability is impeached, the court may put the plaintiff to the choice of accepting a remittitur or facing a new trial, Va.Code § 8.01-383.1, or may grant the…”
Reel v. Ramirez, 416 S.E.2d 226 (Va. 1992). · cites it 2× “See Code § 8.01-383. The $200,000 verdict which Reel seeks to have reinstated is not a verdict reached by a jury, but an amount imposed by the trial court and, therefore, not vested with the strong presumption of correctness assigned to a jury verdict assessing damages.”
Crouse v. Med. Facilities of Am. XLVIII, 86 Va. Cir. 168 (Roanoke County Cir. Ct. 2013). · cites it 3× “See Va. Code § 8.01-383 (providing that courts may set aside a jury verdict and order a new trial in any civil case); Va.”
Anand, L.L.C. v. Allison, 55 Va. Cir. 261 (Virginia Beach Cir. Ct. 2001). · cites it 2× “Under Code § 8.01-383, the court may exercise its discretion to grant a new trial whenever it finds that the damages awarded were either excessive or insufficient.”
Hatfield v. Norfolk & W. Ry. Co., 46 Va. Cir. 494 (Norfolk Cir. Ct. 1995). · cites it 3× “125, 128 (1988); Va. Code §§ 8.01-383 to 8.01-383.1. In asserting this power, however, a trial judge may not disturb a verdict supported by sufficient evidence and reached by a fair and impartial jury merely because he would have awarded damages of a lesser amount had he been a…”
Downer v. CSX Transp., Inc., 507 S.E.2d 612 (Va. 1998). · cites it 2× “Additionally, the jury was instructed without objection that it could reduce the amount of Downer’s recovery “in proportion to the relative negligence of the plaintiff and defendant.”
Show all 58 citing cases →
— Va. Code Ann. § 8.01-383(B) — 2 cases
Walker v. Prince, 35 Va. Cir. 76 (Richmond County Cir. Ct. 1994).
Mason v. Walker, 44 Va. Cir. 166 (Richmond County Cir. Ct. 1997).
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.