Trial (Part X)

Question 1

There is no right to a jury in Circuit Court actions in

Answer 1

equity (except for suit to probate a will, quiet title to real estate, plea in equity, or advisory jury).

Question 2

A demand for a jury in Circuit Court must be made no later than

Answer 2

10 days after the last pleading , or else the right is waived.

Question 3

General District Court cases have _________ jurors; Circuit Court cases have ____________ jurors.

Answer 3

five; seven.

Note: P and D may agree to try case with 3 jurors.

Question 4

In Virginia, a jury verdict must be

Answer 4

unanimous (unless the jury is a three-person jury).

Question 5

Commissioners in chancery may be appointed by a court to determine equitable matters, and to:

Answer 5

(i) hold evidentiary hearings;
(ii) research law; and
(iii) report to the court with recommendations.

Note: – Court gives great weight to report.
– A party may file written objection to report within 10 days of report.

Question 6

In a jury trial, a party may move to strike all evidence presented by the opposing party when

Answer 6

the evidence is insufficient to support a verdict for the opposing party.

Question 7

A motion to strike the evidence can be filed:

Answer 7

(i) by Defendant at the conclusion of Plaintiff’s presentation of the evidence; or
(ii) by either party at the conclusion of the presentation of evidence by all parties.

Question 8

With regard to a motion to strike the evidence, the non-moving party is entitled to reasonable inferences from the evidence, and any conflicts in the evidence are

Answer 8

resolved in favor of the non-moving party.

Question 9

A Plaintiff has the right to take a first non-suit at any time before:

Answer 9

(i) a motion to strike is sustained; or
(ii) the jury retires to decide, or the action is submitted to the court for decision.

Question 10

Post judgment verdicts may be made:

Answer 10

(i) after the jury has rendered a verdict, but before the court pronounces a judgment; or
(ii) within 21 days after the entry of the judgment.

Question 11

A motion to set aside the verdict as contrary to the evidence is the equivalent of a motion for judgment notwithstanding the verdict (JNOV), and is granted only if

Answer 11

the verdict is plainly wrong or not supported by credible evidence.

Question 12

In a motion for a new trial, a party can request a full new trial or a limited new trial involving only

Answer 12

liability or damages.

Question 13

The options for a party in terms of a damages award by a jury are to:

Answer 13

(i) accept the terms of the jury’s award;
(ii) reject the terms of the jury’s award and proceed to a new trial; or
(iii) object, accept terms under protest, and appeal.

Question 14

When a court increases a jury award through additur, a Defendant must

Answer 14

either agree to pay the additional amount, or a new trial will be ordered.

Question 15

When a court decreases a jury amount through remittitur, a Plaintiff must

Answer 15

either agree to accept the reduced amount, or a new trial will be ordered.

Question 16

A final order, judgment, or decree is final if

Answer 16

it disposes of the entire matter before the court.

Note: a court’s order granting a motion to strike does NOT dispose of the claim or cause of action.