Va. Code » Title 19.2. Criminal Procedure » Chapter 15. Trial and Its Incidents » Article 4. Trial by Jury
Virginia Code

Va. Code Ann. § 19.2-260 (2026)

Provisions of Title 8.01 apply except as provided in this article

✓ current as of May 2026
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Except as otherwise provided in this article, trial by jury in criminal cases shall be regulated as provided for in Chapter 11 (§ 8.01-336 et seq.) of Title 8.01.

1975, c. 495; 1977, c. 624.

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1985–2023 · leading case: Gray v. Commonwealth, 484 U.S. 873 (1987).
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Gray v. Commonwealth, 484 U.S. 873 (1987). · cites it 2× “See Code §§ 19.2-260, 8.01-343 to -363. Of the 43 veniremen, only 36 prospective jurors underwent a complete, individualized voir dire.”
Watkins v. Commonwealth, 331 S.E.2d 422 (Va. 1985). · cites it 2× “His bare assertion of racial motivation is insufficient to establish systematic exclusion of blacks from membership on juries. He did not challenge the racial composition of the jury at trial, and nothing in the record suggests that his sentence resulted from racial prejudice.”
John Dixon O'Malley v. Commonwealth of Virginia, 785 S.E.2d 221 (Va. Ct. App. 2016). · cites it 2× “Trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.”
Cousins v. Commonwealth, 693 S.E.2d 283 (Va. Ct. App. 2010). · cites it 2× “01-358, made applicable to criminal proceedings by Code § 19.2-260, provides for voir dire of a prospective juror “to ascertain whether he is related to either party, or has any interest in the cause, .”
Commonwealth v. Rafferty, 402 S.E.2d 17 (Va. 1991). · cites it 2× “2-268(V): “[I]f requested by either party, trial by jury shall be as provided in [Code § 19.2-260, et seq.] and the Commonwealth shall be required to prove its case beyond a reasonable doubt.”
Scott v. Commonwealth, 339 S.E.2d 899 (Va. Ct. App. 1986). · cites it 2× “01-358, which is made applicable to criminal proceedings by Code § 19.2-260, provides for voir dire of a perspective juror “to ascertain whether he is related to either party, or has any interest in the cause, or has expressed or formed any opinion, or is sensible of any bias or…”
Swanson v. Commonwealth, 442 S.E.2d 702 (Va. Ct. App. 1994). · cites it 2× “01-357); see Code §§ 19.2-260, -262; Fuller v. Commonwealth, 14 Va.”
Cokes v. Com., 694 S.E.2d 582 (Va. 2010). · cites it 2× “See Code §§ 19.2-260 and 8.01-336. We have previously *585 observed, "[t]he right to a jury trial is one of the cornerstones of our legal system.”
Moats v. Commonwealth, 404 S.E.2d 244 (Va. Ct. App. 1991). · cites it 2× “01-345 requires that “jury commissioners shall utilize random selection techniques, either manual, mechanical or electronic, using a current voter registration list and . . . other such lists as may be designated and approved by the chief judge of the circuit, to select jurors .”
Barrette v. Commonwealth, 398 S.E.2d 695 (Va. Ct. App. 1990). · cites it 2× “The court’s fulfillment of this duty, however, involves the exercise of sound judicial discretion.”
City of Virginia Beach v. Siebert, 483 S.E.2d 214 (Va. 1997). “4: The procedure for appeal and trial [of refusal cases] shall be the same as provided by law for misdemeanors; if requested by either party on appeal to the circuit court, trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of *254 Title 19.”
Jamal Divine Gardner v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 2× “01-358 “is made applicable to criminal proceedings by Code § 19.2-260”), aff’d, 233 Va. 5 (1987).”
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