Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 11. Juries » Article 3. Selection of Jurors
Virginia Code

Va. Code Ann. § 8.01-349 (2026)

Notations on ballots drawn; return to box; when such ballots may be drawn again

✓ current as of May 2026
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If any ballot drawn from the box shall bear the name of a person known by the clerk or other person attending the drawing to be deceased, exempt or disqualified by law, not a resident of the county or city, or physically or mentally incapacitated for jury service, an appropriate notation on the ballot, as well as opposite the name of such person on the jury list, shall be made and the ballot shall be placed by the clerk in an envelope kept for that purpose. The other ballots, marked "drawn," shall be placed in a separate envelope and a notation of the date of the drawing shall be made on the jury list opposite the name of each juror drawn. The envelope shall be kept in the box. After all ballots have been drawn from the box, the ballots marked "drawn" may be again drawn subject to the provisions hereof applying to the original drawing.

Code 1950, § 8-208.14; 1973, c. 439; 1977, c. 617.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1988–2023 · leading case: O'Dell v. Commonwealth, 364 S.E.2d 491 (Va. 1988).
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O'Dell v. Commonwealth, 364 S.E.2d 491 (Va. 1988). · cites it 2× “Also, O’Dell overlooks the provisions of two Code sections in claiming these actions of the trial court and the clerk violated Code §§ 8.01-349, -350.1, -351, and -352 and compel a new trial.”
Thomas Edward Clark v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 2× “01-348 (specifying that the “clerk or deputy clerk, in the presence of the judge,” shall draw the names of jurors from the jury box during jury selection); Code § 8.01-349 (requiring “the clerk” to separate the names of jurors drawn from the jury box “known by the clerk or other…”
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