Virginia Code

Va. Code Ann. § 8.01-341.2 (2026)

Deferral or limitation of jury service for particular occupational inconvenience or for persons who have legal custody and are responsible for a child

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The court, at the request of a person selected for jury service or on its own motion, may exempt any person from jury service for a particular term of court, or limit that person's service to particular dates of that term, if serving on a jury during that term or certain dates of that term of court would cause such person a particular occupational inconvenience. Any such person who is selected for jury service, and who is exempted under the provisions of this section, shall not be discharged from his obligation to serve on a jury, but such obligation shall only be deferred until the term of court next after such particular occupational inconvenience ends. For purposes of this section, "occupational inconvenience" includes inconvenience to a person (i) who, during the term of court for which such person is selected for jury service, is enrolled as a full-time student at an accredited public or private institution of higher education and who is attending classes at such institution during such term and (ii) who has legal custody of and is necessarily and personally responsible for a child or children 16 years of age or younger requiring continuous care by him during normal court hours. The provisions of this section shall not interfere with the exemption available under subdivision 8 of § 8.01-341.1.

1981, c. 108; 1987, c. 155; 2018, c. 259; 2019, c. 518.

Notes of Decisions
Cited in 2 cases, 1990–1995 · leading case: Mu'Min v. Commonwealth, 389 S.E.2d 886 (Va. 1990).
Mu'Min v. Commonwealth, 389 S.E.2d 886 (Va. 1990). · cites it 4× “Under Code § 8.01-341.2, a person's duty to serve on a jury may be deferred or limited "if serving on a jury .”
Michael David Hillman v. Commonwealth, No. 2194934 (Va. Ct. App. May 16, 1995). · cites it 8× “1 FAILURE TO STRIKE JUROR Appellant argues that the trial court erred in refusing to: (1) strike Juror Martin for cause, and (2) in the alternative, 2 excuse her under Code § 8.01-341.2. Juror Martin testified that 1 The evidence established that heroin changes into morphine…”
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