{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.01-377.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.01-377.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.01-377.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.01-377.html"}],"law_id":377215,"edition_id":2,"section_id":377215,"structure_id":53617,"section_number":"8.01-377","catch_line":"Remedy when variance appears between evidence and allegations","history":"Code 1950, \u00a7 8-217; 1977, c. 617.","full_text":"If, at the trial of any action, there appears to be a variance between the evidence and the allegations or recitals, the court, if it consider that substantial justice will be promoted and that the opposite party cannot be prejudiced thereby, may allow the pleadings to be amended, on such terms as to the payment of costs or postponement of the trial, or both, as it may deem reasonable. Or, instead of the pleadings being amended, the court may direct the jury to find the facts, and, after such finding, if it consider the variance such as could not have prejudiced the opposite party, shall give judgment according to the right of the case.\n\n","order_by":null,"text":{"0":{"id":1407863,"text":"If, at the trial of any action, there appears to be a variance between the evidence and the allegations or recitals, the court, if it consider that substantial justice will be promoted and that the opposite party cannot be prejudiced thereby, may allow the pleadings to be amended, on such terms as to the payment of costs or postponement of the trial, or both, as it may deem reasonable. Or, instead of the pleadings being amended, the court may direct the jury to find the facts, and, after such finding, if it consider the variance such as could not have prejudiced the opposite party, shall give judgment according to the right of the case.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-377\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 1977, chapter 617.<\/p>","references":false,"refers_to":false,"permalink":{"id":1504291,"object_type":"law","relational_id":377215,"identifier":"8.01-377","token":"8.01\/13\/8.01-377","url":"\/8.01-377\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.01-377\/","token":"8.01\/13\/8.01-377","dublin_core":{"Title":"Remedy when variance appears between evidence and allegations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-377","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>If, at the <span class=\"dictionary\">trial<\/span> of any <span class=\"dictionary\">action<\/span>, there appears to be a variance between the <span class=\"dictionary\">evidence<\/span> and the <span class=\"dictionary\">allegations<\/span> or recitals, the <span class=\"dictionary\">court<\/span>, if it consider that substantial justice will be promoted and that the opposite <span class=\"dictionary\">party<\/span> cannot be prejudiced thereby, may allow the <span class=\"dictionary\">pleadings<\/span> to be amended, on such terms as to the payment of costs or postponement of the <span class=\"dictionary\">trial<\/span>, or both, as it may deem reasonable. Or, instead of the <span class=\"dictionary\">pleadings<\/span> being amended, the <span class=\"dictionary\">court<\/span> may direct the <span class=\"dictionary\">jury<\/span> to find the <span class=\"dictionary\">facts<\/span>, and, after such <span class=\"dictionary\">finding<\/span>, if it consider the variance such as could not have prejudiced the opposite <span class=\"dictionary\">party<\/span>, shall give <span class=\"dictionary\">judgment<\/span> according to the right of the case.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nREMEDY WHEN VARIANCE APPEARS BETWEEN EVIDENCE AND ALLEGATIONS (\u00a7 8.01-377)\n\nIf, at the trial of any action, there appears to be a variance between the\nevidence and the allegations or recitals, the court, if it consider that\nsubstantial justice will be promoted and that the opposite party cannot be\nprejudiced thereby, may allow the pleadings to be amended, on such terms as to\nthe payment of costs or postponement of the trial, or both, as it may deem\nreasonable. Or, instead of the pleadings being amended, the court may direct the\njury to find the facts, and, after such finding, if it consider the variance\nsuch as could not have prejudiced the opposite party, shall give judgment\naccording to the right of the case.\n\nHISTORY: Code 1950, \u00a7 8-217; 1977, c. 617.","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"}}