{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.01-383.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.01-383.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.01-383.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.01-383.1.html"}],"law_id":377227,"edition_id":2,"section_id":377227,"structure_id":53617,"section_number":"8.01-383.1","catch_line":"Appeal when verdict reduced and accepted under protest; new trial for inadequate damages","history":"Code 1950, \u00a7 8-350; 1977, c. 617; 1994, c. 807; 1998, c. 861; 2021, Sp. Sess. I, c. 489.","full_text":"A\n\nIn any action at law in which the trial court requires a plaintiff to remit a part of his recovery, as ascertained by the verdict of a jury, or else submit to a new trial, such plaintiff may remit and accept judgment of the court thereon for the reduced sum under protest, but, notwithstanding such remittitur and acceptance, if under protest, may appeal the judgment of the court in requiring him to remit to the Court of Appeals. The defendant may appeal the judgment of the court in requiring such remittitur to the Court of Appeals, regardless of the amount. If an appeal is taken from the judgment of the Court of Appeals, the Supreme Court, in matters in which it grants the petition for appeal, shall review the judgment, regardless of amount.\n\nB\n\nIn any action at law when the court finds as a matter of law that the damages awarded by the jury are inadequate, the trial court may (i) award a new trial or (ii) require the defendant to pay an amount in excess of the recovery of the plaintiff found in the verdict. If either the plaintiff or the defendant declines to accept such additional award, the trial court shall award a new trial.\n\t\t\tIf additur pursuant to this subsection is accepted by either party under protest, it may be reviewed on appeal.\n\n","order_by":null,"text":{"0":{"id":1407883,"text":"In any action at law in which the trial court requires a plaintiff to remit a part of his recovery, as ascertained by the verdict of a jury, or else submit to a new trial, such plaintiff may remit and accept judgment of the court thereon for the reduced sum under protest, but, notwithstanding such remittitur and acceptance, if under protest, may appeal the judgment of the court in requiring him to remit to the Court of Appeals. The defendant may appeal the judgment of the court in requiring such remittitur to the Court of Appeals, regardless of the amount. If an appeal is taken from the judgment of the Court of Appeals, the Supreme Court, in matters in which it grants the petition for appeal, shall review the judgment, regardless of amount.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1407884,"text":"In any action at law when the court finds as a matter of law that the damages awarded by the jury are inadequate, the trial court may (i) award a new trial or (ii) require the defendant to pay an amount in excess of the recovery of the plaintiff found in the verdict. If either the plaintiff or the defendant declines to accept such additional award, the trial court shall award a new trial.\n\t\t\tIf additur pursuant to this subsection is accepted by either party under protest, it may be reviewed on appeal.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":53617,"edition_id":2,"name":"Certain Incidents of Trial","identifier":"13","label":"chapter","depth":2,"order_by":25,"parent_id":53558,"metadata":{"child_laws":21,"child_structures":0},"date_created":"2026-08-02 03:19:27","date_modified":"2026-08-02 12:28:19","permalink":{"id":1504273,"object_type":"structure","relational_id":53617,"identifier":"13","token":"8.01\/13","url":"\/8.01\/13\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53558,"edition_id":2,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":12,"parent_id":null,"metadata":{"child_laws":1095,"child_structures":142},"date_created":"2026-08-02 03:18:32","date_modified":"2026-08-02 12:28:09","permalink":{"id":1504031,"object_type":"structure","relational_id":53558,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":377211,"structure_id":53617,"section_number":"8.01-374","catch_line":"Procedure when original papers in cause are lost","url":"\/8.01-374\/","token":"8.01\/13\/8.01-374","metadata":false},{"id":377210,"structure_id":53617,"section_number":"8.01-374.1","catch_line":"Consolidation or bifurcation of issues or claims in certain cases; appeal","url":"\/8.01-374.1\/","token":"8.01\/13\/8.01-374.1","metadata":false},{"id":377212,"structure_id":53617,"section_number":"8.01-375","catch_line":"Exclusion of witnesses in civil cases (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section and subsection (b) of Supreme Court Rule 2:615 derived from this section)","url":"\/8.01-375\/","token":"8.01\/13\/8.01-375","metadata":false},{"id":377213,"structure_id":53617,"section_number":"8.01-376","catch_line":"Views by juries","url":"\/8.01-376\/","token":"8.01\/13\/8.01-376","metadata":false},{"id":377215,"structure_id":53617,"section_number":"8.01-377","catch_line":"Remedy when variance appears between evidence and allegations","url":"\/8.01-377\/","token":"8.01\/13\/8.01-377","metadata":false},{"id":377214,"structure_id":53617,"section_number":"8.01-377.1","catch_line":"Summary judgment","url":"\/8.01-377.1\/","token":"8.01\/13\/8.01-377.1","metadata":false},{"id":377216,"structure_id":53617,"section_number":"8.01-378","catch_line":"Trial judge not to direct verdicts","url":"\/8.01-378\/","token":"8.01\/13\/8.01-378","metadata":false},{"id":377221,"structure_id":53617,"section_number":"8.01-379","catch_line":"Argument before jury","url":"\/8.01-379\/","token":"8.01\/13\/8.01-379","metadata":false},{"id":377217,"structure_id":53617,"section_number":"8.01-379.1","catch_line":"Informing jury of amounts sued for","url":"\/8.01-379.1\/","token":"8.01\/13\/8.01-379.1","metadata":false},{"id":377218,"structure_id":53617,"section_number":"8.01-379.2","catch_line":"Jury instructions","url":"\/8.01-379.2\/","token":"8.01\/13\/8.01-379.2","metadata":false},{"id":377219,"structure_id":53617,"section_number":"8.01-379.2:1","catch_line":"Spoliation of evidence","url":"\/8.01-379.2_1\/","token":"8.01\/13\/8.01-379.2_1","metadata":false},{"id":377220,"structure_id":53617,"section_number":"8.01-379.3","catch_line":"General verdict accompanied by answer to interrogatories","url":"\/8.01-379.3\/","token":"8.01\/13\/8.01-379.3","metadata":false},{"id":377224,"structure_id":53617,"section_number":"8.01-380","catch_line":"Dismissal of action by nonsuit; fees and costs","url":"\/8.01-380\/","token":"8.01\/13\/8.01-380","metadata":false},{"id":377225,"structure_id":53617,"section_number":"8.01-381","catch_line":"What jury may carry out","url":"\/8.01-381\/","token":"8.01\/13\/8.01-381","metadata":false},{"id":377226,"structure_id":53617,"section_number":"8.01-382","catch_line":"Verdict, judgment or decree to fix period at which interest begins; final order; judgment or decree for interest","url":"\/8.01-382\/","token":"8.01\/13\/8.01-382","metadata":false},{"id":377228,"structure_id":53617,"section_number":"8.01-383","catch_line":"Power to grant new trial; how often","url":"\/8.01-383\/","token":"8.01\/13\/8.01-383","metadata":false},{"id":377227,"structure_id":53617,"section_number":"8.01-383.1","catch_line":"Appeal when verdict reduced and accepted under protest; new trial for inadequate damages","url":"\/8.01-383.1\/","token":"8.01\/13\/8.01-383.1","metadata":false},{"id":377232,"structure_id":53617,"section_number":"8.01-384","catch_line":"Formal exceptions to rulings or orders of court unnecessary; motion for new trial unnecessary in certain cases","url":"\/8.01-384\/","token":"8.01\/13\/8.01-384","metadata":false},{"id":377229,"structure_id":53617,"section_number":"8.01-384.1","catch_line":"Interpreters for deaf or hard of hearing in civil proceedings","url":"\/8.01-384.1\/","token":"8.01\/13\/8.01-384.1","metadata":false},{"id":377230,"structure_id":53617,"section_number":"8.01-384.1:1","catch_line":"Interpreters for non-English-speaking persons in civil cases","url":"\/8.01-384.1_1\/","token":"8.01\/13\/8.01-384.1_1","metadata":false},{"id":377231,"structure_id":53617,"section_number":"8.01-384.2","catch_line":"Waiver of discovery time limitations by parties","url":"\/8.01-384.2\/","token":"8.01\/13\/8.01-384.2","metadata":false}],"previous_section":{"id":377228,"structure_id":53617,"section_number":"8.01-383","catch_line":"Power to grant new trial; how often","url":"\/8.01-383\/","token":"8.01\/13\/8.01-383","metadata":false},"next_section":{"id":377232,"structure_id":53617,"section_number":"8.01-384","catch_line":"Formal exceptions to rulings or orders of court unnecessary; motion for new trial unnecessary in certain cases","url":"\/8.01-384\/","token":"8.01\/13\/8.01-384","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-383.1\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1977, chapter 617; in 1994, chapter 807<\/a>; in 1998, chapter 861<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1504339,"object_type":"law","relational_id":377227,"identifier":"8.01-383.1","token":"8.01\/13\/8.01-383.1","url":"\/8.01-383.1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.01-383.1\/","token":"8.01\/13\/8.01-383.1","dublin_core":{"Title":"Appeal when verdict reduced and accepted under protest; new trial for inadequate damages","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-383.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any action<\/span> at law<\/span> in which the trial<\/span> court<\/span> requires a plaintiff<\/span> to remit a part of his recovery, as ascertained by the verdict<\/span> of a jury<\/span>, or else submit to a new trial<\/span>, such plaintiff<\/span> may remit and accept judgment<\/span> of the court<\/span> thereon for the reduced sum under protest, but, notwithstanding such remittitur and acceptance, if under protest, may appeal<\/span> the judgment<\/span> of the court<\/span> in requiring him to remit to the Court<\/span> of Appeals<\/span>. The defendant<\/span> may appeal<\/span> the judgment<\/span> of the court<\/span> in requiring such remittitur to the Court<\/span> of Appeals<\/span>, regardless of the amount. If an appeal<\/span> is taken from the judgment<\/span> of the Court<\/span> of Appeals<\/span>, the Supreme Court<\/span>, in matters in which it grants the petition<\/span> for appeal<\/span>, shall review the judgment<\/span>, regardless of amount. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any action<\/span> at law<\/span> when the court<\/span> finds as a matter of law<\/span> that the damages<\/span> awarded by the jury<\/span> are inadequate, the trial<\/span> court<\/span> may (i) award a new trial<\/span> or (ii) require the defendant<\/span> to pay an amount in excess of the recovery of the plaintiff<\/span> found in the verdict<\/span>. If either the plaintiff<\/span> or the defendant<\/span> declines to accept such additional award, the trial<\/span> court<\/span> shall award a new trial<\/span>.\n\t\t\tIf additur pursuant to this subsection is accepted by either party<\/span> under protest, it may be reviewed on appeal<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL WHEN VERDICT REDUCED AND ACCEPTED UNDER PROTEST; NEW TRIAL FOR INADEQUATE\nDAMAGES (\u00a7 8.01-383.1)\n\nA. In any action at law in which the trial court requires a plaintiff to remit a\npart of his recovery, as ascertained by the verdict of a jury, or else submit to\na new trial, such plaintiff may remit and accept judgment of the court thereon\nfor the reduced sum under protest, but, notwithstanding such remittitur and\nacceptance, if under protest, may appeal the judgment of the court in requiring\nhim to remit to the Court of Appeals. The defendant may appeal the judgment of\nthe court in requiring such remittitur to the Court of Appeals, regardless of\nthe amount. If an appeal is taken from the judgment of the Court of Appeals, the\nSupreme Court, in matters in which it grants the petition for appeal, shall\nreview the judgment, regardless of amount.\n\nB. In any action at law when the court finds as a matter of law that the damages\nawarded by the jury are inadequate, the trial court may (i) award a new trial or\n(ii) require the defendant to pay an amount in excess of the recovery of the\nplaintiff found in the verdict. If either the plaintiff or the defendant\ndeclines to accept such additional award, the trial court shall award a new\ntrial.\n\t\t\tIf additur pursuant to this subsection is accepted by either party under\nprotest, it may be reviewed on appeal.\n\nHISTORY: Code 1950, \u00a7 8-350; 1977, c. 617; 1994, c. 807; 1998, c. 861; 2021,\nSp. Sess. I, c. 489.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}