(a)Jury Trial Situations Unchanged.– The right of trial by jury as declared by the Constitution of Virginia, or as given by an applicable statute or other authority, is unchanged by these rules, and will be implemented as established law provides. Established practice for the trial and decision of equitable claims by the judge alone is continued.(b)Demand.– Any party may demand a trial by jury of any issue triable of right by a jury in the complaint or by (1) serving upon other parties a demand therefore in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to the issue, and (2) filing the demand with the trial court. Such demand may be endorsed upon a pleading of the party. In an Electronically Filed Case, endorsement of such demand may be made as provided in Rule 1:17. The court may set a final date for service of jury demands. Leave to file amended pleadings will not extend the time for serving and filing a jury demand unless the order granting leave to amend expressly so states.(c)Specification of Issues. In the demand a party may specify the issues which the party wishes so tried; otherwise the party is deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action.(d)Waiver. Absent leave of court for good cause shown, the failure of a party to serve and file a demand as required by this rule constitutes a waiver by the party of trial by jury.
Va. Sup. Ct. 3:21
Amended by order dated June 14, 2005, effective January 1, 2006; amended by order dated December 20, 2006, effective March 1, 2007; amended by order dated April 9, 2008, effective July 1, 2008; amended by Order dated March 1, 2011; effective May 2, 2011; amended by order dated March 1, 2011, effective May 2, 2011; amended by order dated September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.
