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Civil procedure

right to jury trial

The United States Constitution guarantees the right to a trial by jury in criminal prosecutions. In civil lawsuits (disputes over money, property, and other non-criminal matters), state constitutions provide for the right to trial by jury—but this right may be limited to certain types of claims. And in order to be entitled to a trial by jury in a civil matter, a party generally must file a written request for a jury trial and pay a jury fee a reasonable time before trial.

In Virginia, the right to a trial by jury in criminal prosecutions is enshrined in both the United States Constitution and the Virginia Constitution. For civil lawsuits, the Virginia Constitution also provides the right to a trial by jury, but this right is subject to certain conditions and limitations. Specifically, the right to a jury trial in civil cases may be limited to certain types of claims, and it is not automatic. Parties seeking a jury trial in a civil matter must affirmatively request it by filing a written demand for a jury trial with the court. Additionally, they are typically required to pay a jury fee. This request and payment must be made within a specific time frame prior to the trial, as dictated by Virginia's rules of civil procedure. Failure to timely request a jury trial or pay the required fee may result in the waiver of the right to a jury trial, and the case may be tried before a judge in a bench trial.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

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Virginia State Code

Virginia State Code

Civil procedure

right to jury trial

Articles