8.01-430 - When final judgment to be entered after verdict set aside. - Virginia Statutes

§ 8.01-430. When final judgment to be entered after verdict set aside.

When the verdict of a jury in a civil action is set aside by a trial courtupon the ground that it is contrary to the evidence, or without evidence tosupport it, a new trial shall not be granted if there is sufficient evidencebefore the court to enable it to decide the case upon its merits, but suchfinal judgment shall be entered as to the court shall seem right and proper.If necessary to assess damages which have not been assessed, the court mayempanel a jury at its bar to make such assessment, and then enter such finaljudgment.

Nothing in this section contained shall be construed to give to trial courtsany greater power over verdicts than they now have under existing rules ofprocedure, nor to impair the right to move for a new trial on the ground ofafter-discovered evidence.

(Code 1950, § 8-352; 1977, c. 617.)