Cal. Civ. Code § 8.01-125
When summons returnable to circuit court; jury.
Operative Text
When the action is commenced in the circuit court, the summons is returnable thereto and, upon application of either party trial by jury shall be had. Code 1950, § 8-792; 1954, c. 333; 1970, c. 272; 1977, c. 617.
Virginia Code § 8.01-125 establishes that when an unlawful detainer or similar possessory action is filed directly in a circuit court, the summons is directed back to that same court for resolution. Either party involved in the case — whether the one who filed or the one who was served — has the right to request a jury trial rather than having the matter decided solely by a judge. This provision ensures that the jury-trial option is available at the circuit court level for these proceedings.
Plain English — not legal advice.
Under Va. Code § 8.01-125, property owners and managers who initiate a possessory action in circuit court should be aware that the opposing party may invoke the right to a jury trial, which can affect the timeline and complexity of the proceeding. Compliant operators typically account for this possibility when planning their court strategy and ensure their documentation and evidence are organized for presentation to either a judge or a jury. Understanding the procedural framework at the circuit court level is a standard part of managing litigation involving rental properties in Virginia.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 8.01-125 gives tenants the right to request a jury trial when a possessory action against them has been filed in a Virginia circuit court. This means a tenant is not limited to having a judge alone decide the outcome — they may formally apply for the matter to be heard by a jury of peers. Tenants who want to understand how to exercise this right or what it means for their case can consult a tenant-rights organization or legal aid office familiar with Virginia housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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