Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 17. Judgments and Decrees Generally » Article 1. In General
Virginia Code

Va. Code Ann. § 8.01-430 (2026)

When final judgment to be entered after verdict set aside

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

When the verdict of a jury in a civil action is set aside by a trial court upon the ground that it is contrary to the evidence, or without evidence to support it, a new trial shall not be granted if there is sufficient evidence before the court to enable it to decide the case upon its merits, but such final judgment shall be entered as to the court shall seem right and proper. If necessary to assess damages which have not been assessed, the court may empanel a jury at its bar to make such assessment, and then enter such final judgment.

Nothing in this section contained shall be construed to give to trial courts any greater power over verdicts than they now have under existing rules of procedure, nor to impair the right to move for a new trial on the ground of after-discovered evidence.

Code 1950, § 8-352; 1977, c. 617.

Notes of Decisions
Cited in 70 cases (2 in the last 5 years), 1979–2024 · leading case: REVI, LLC v. Chicago Title Ins. Co., 776 S.E.2d 808 (Va. 2015).
Sort: Relevance Newest Treatment
REVI, LLC v. Chicago Title Ins. Co., 776 S.E.2d 808 (Va. 2015). · cites it 4× “01-188 (such issues may be submitted to a jury with proper instructions by the court); Code § 8.01-430 (providing for the court to set aside jury verdict and decide case on the merits that is contrary to the evidence or without evidence to support it); Code § 8.”
Rogers v. Marrow by Marrow, 413 S.E.2d 344 (Va. 1992). · cites it 6× “Rogers filed a motion requesting that the trial court reconsider its ruling and reinstate the jury’s verdict.”
Coleman v. Blankenship Oil Corp., 267 S.E.2d 143 (Va. 1980). · cites it 4× “"[T]he power conferred on the trial judge under Code § 8-352 [now, Code § 8.01-430] to set aside a jury verdict and enter final judgment can only be exercised where the verdict is plainly wrong or without credible evidence to support it.”
Frye v. Commonwealth, 345 S.E.2d 267 (Va. 1986). · cites it 2× “Code § 8.01-430 (trial judge’s discretion is limited in setting aside jury verdict in civil action); Dutton v.”
Brown v. Koulizakis, 331 S.E.2d 440 (Va. 1985). · cites it 2× “Code § 8.01-430. If this Court reaches a different conclusion upon appeal, the record includes the verdict and we can enter final judgment, thus ending the case.”
Jenkins v. Pyles, 611 S.E.2d 404 (Va. 2005). · cites it 2× “2d 238 , 240 (1979); see Code § 8.01-430. Thus, if the evidence is conflicting on a material point, if reasonable persons may draw different conclusions from the evidence, or if a conclusion is dependent on the weight the fact finder gives to the testimony, a judge is not…”
Bussey v. E.S.C. Restaurants, Inc., 620 S.E.2d 764 (Va. 2005). · cites it 2× “See Code § 8.01-430. This authority is explicit and narrowly defined.”
Carter v. Lambert, 435 S.E.2d 403 (Va. 1993). · cites it 4× “2d 238 (1979), we summarized these principles, stating that: Under Code § 8.01-430, a trial court is empowered in a civil action to enter judgment non obstante veredicto "upon the ground that [the verdict] is contrary to the evidence, or without evidence to support it.”
McGuire v. Hodges, 639 S.E.2d 284 (Va. 2007). · cites it 2× “2d 14 , 16 (1993); Code § 8.01-430. If the evidence adduced at trial is conflicting on a material point, or if reasonable persons may draw different conclusions from the evidence, or if a conclusion is dependent on the weight the fact finder gives to the testimony, a judge may…”
Lane v. Scott, 260 S.E.2d 238 (Va. 1979). · cites it 2× “Under Code § 8.01-430, a trial court is empowered in a civil action to enter judgment non obstante veredicto “upon the ground that [the verdict] is contrary to the evidence, or without evidence to support it”.”
Est. of Moses v. Sw Va Transit Manag., 643 S.E.2d 156 (Va. 2007). · cites it 2× “2d 120 , 123 (1999); Code § 8.01-430. If the evidence adduced at trial is conflicting on a material point, or if reasonable persons may draw different conclusions from the evidence, or if a conclusion is dependent on the weight the fact finder gives to the evidence, a judge may…”
Rascher v. Friend, 689 S.E.2d 661 (Va. 2010). · cites it 2× “(citing Code § 8.01-430). CONCLUSION For these reasons, we hold that circuit court erred in granting Friend's motion to strike Rascher's evidence on the ground that Rascher was contributorily negligent as a matter of law.”
Show all 70 citing cases →
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.