Virginia § 8.01-383.1 - Appeal when verdict reduced and accepted under protest; new trial for inadequate damages
Full text of Virginia Code of Virginia § 8.01-383.1 — Appeal when verdict reduced and accepted under protest; new trial for inadequate damages, with citation guidance and answers to common questions.
§ 8.01-383.1. Appeal when verdict reduced and accepted under protest; new trial for inadequate damages
A. 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.
B. 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.
If additur pursuant to this subsection is accepted by either party under protest, it may be reviewed on appeal.
Code 1950, § 8-350; 1977, c. 617; 1994, c. 807; 1998, c. 861; 2021, Sp. Sess. I, c. 489.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 8.01-383.1
What does Code of Virginia § 8.01-383.1 cover?
Section 8.01-383.1 ("Appeal when verdict reduced and accepted under protest; new trial for inadequate damages") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 8.01-383.1?
A common citation format is "Code of Virginia § 8.01-383.1" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 8.01-383.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.