(a)By Jury. When trial by jury has been demanded as provided in Rule 3:21, the action will be designated upon the docket as a jury action. The trial of all issues so demanded must be by jury, unless (1) the parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury; or (2) the court upon motion or of its own initiative finds that a right of trial by jury on some or all of those issues does not exist under applicable law.(b)By the Court. Except as otherwise provided in this Rule, issues not demanded for trial by jury as provided in Rule 3:21, and issues as to which a right of trial by jury does not exist, will be tried by the court.(c)Statutory Jury Rights in Certain Equitable Claims.(1) In an equitable claim where no right to a jury trial otherwise exists, where impaneling of an advisory jury pursuant to Code § 8.01-336(E) to hear an issue will be helpful to the court concerning disputed fact issues, such a jury may be seated. Decision on such claims and issues will be made by the judge.(2) Where a jury trial on a defendant’s plea in an equitable claim is authorized under Code § 8.01-336(D), trial of the issues presented by the plea will be by a jury whose verdict on those issues has the same effect as if trial by jury had been a matter of right.(d)Party Consent to Jury.– As to any claim not triable of right by a jury, the court, with the consent of the parties, may (i) order trial of any claim or issue with an advisory jury or, (ii) a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.(e)Trial by Mixed Jury and Non-Jury Claims. In any case when there are both jury and non-jury issues to be tried, the court must adopt trial procedures and a sequence of proceedings to assure that all issues properly heard by the jury are decided by it, and applicable factual determinations by the jury will be used by the judge in resolving the non-jury issues in the case.
Va. Sup. Ct. 3:22
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 September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.
