All citizens over 18 years of age who have been residents of the Commonwealth one year, and of the county, city, or town in which they reside six months next preceding their being summoned to serve as such, and competent in other respects, except as hereinafter provided, shall be liable to serve as jurors. No person shall be deemed incompetent to serve on any jury because of a disability if such person would otherwise be competent to serve if provided reasonable accommodation. Military personnel of the United States Army, Air Force, Marine Corps, Coast Guard, Space Force, or Navy shall not be considered residents of this Commonwealth by reason of their being stationed herein.
Code 1950, § 8-208.2; 1973, c. 439; 1977, c. 617; 1987, c. 189; 2014, c. 595; 2024, c. 817; 2026, c. 198.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1988–2023 · leading case:
Roper v. Simmons, 543 U.S. 551 (2005).
Roper v. Simmons, 543 U.S. 551 (2005).
· cites it 2× “1, § 173 (Lexis 2003) (age of majority is 18) *585 Virginia 18 Va. Code Ann. § 8.01-337 (Lexis 2000) Washington 18 Wash.”
Thompson v. Oklahoma, 487 U.S. 815 (1988).
· cites it 2× “Va. Code § 8.01-337 (Supp. 1988) Wash. Wash.”
Yarbrough v. Commonwealth, 519 S.E.2d 602 (Va. 1999).
· cites it 4× “See Code § 8.01-337. We disagree. The statutory residency requirements for determining the pool of potential jurors in a locality may arguably be taken as securing the right of a defendant to a trial by a jury of his peers.”
Allen v. Commonwealth, 460 S.E.2d 248 (Va. Ct. App. 1995).
· cites it 2× “Before sentencing and entry of the conviction orders, the Commonwealth’s attorney moved for a mistrial on the ground that one of the petit jurors was not qualified under Code § 8.01-337 because she was not a resident of Albemarle County, but rather resided in the City of…”
Thomas Edward Clark v. Commonwealth of Virginia (Va. Ct. App. 2023).
· cites it 4× “01-325(A) (requiring a criminal defendant to “point[] out the irregularity in any list or lists of jurors made by the clerk from names drawn from 20 Code §§ 8.01-337 and -338 expressly define the statutory criteria for jury service.”
Prieto v. Warden (ORDER) (Va. 2013).
· cites it 2× “Prieto further alleges the seating of this juror violated Code § 8.01-337, which provides that individuals are "liable" to serve on a jury if they are citizens of the United States, are over the age of eighteen, and have been "residents of the Commonwealth one year, and of the…”
Commonwealth v. Broce, 92 Va. Cir. 412 (Augusta Cir. Ct. 2016).
“01-345 requires that the “commissioners shall, not later than December 1 following their appointment, submit a list showing the names, addresses, freeholder status, and, if available, the occupations of such of the inhabitants of their respective counties or cities as are well…”
Corbin v. Commonwealth, 564 S.E.2d 147 (Va. Ct. App. 2002).
“In pertinent part, the statute provides as follows: *352 The commissioners shall, not later than December 1 following their appointment, submit a list showing the names, addresses and, if available, the occupations of such of the inhabitants of their respective counties or…”
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