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

Va. Code Ann. § 8.01-352 (2026)

Objections to irregularities in jury lists or for legal disability; effect thereof

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A. Prior to the jury being sworn, the following objections may be made without leave of court: (i) an objection specifically pointing out the irregularity in any list or lists of jurors made by the clerk from names drawn from the jury box, or in the drawing, summoning, returning or impaneling of jurors or in copying or signing or failing to sign the list, and (ii) an objection to any juror on account of any legal disability; after the jury is sworn such objection shall be made only with leave of court.

B. Unless objection to such irregularity or disability is made pursuant to subsection A herein and unless it appears that the irregularity was intentional or that the irregularity or disability be such as to probably cause injustice in a criminal case to the Commonwealth or to the accused and in a civil case to the party making the objection, then such irregularity or disability shall not be cause for summoning a new panel or juror or for setting aside a verdict or granting a new trial.

Code 1950, §§ 8-208.7, 8-208.27, 8-208.29; 1973, c. 439; 1977, c. 617.

Notes of Decisions
Cited in 38 cases (10 in the last 5 years), 1986–2025 · 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 4× “The clerk’s misunderstanding of the trial court’s direction and the subsequent exclusion of all jurors who had served on any felony panel in the then-current term was an irregularity under Code § 8.01-352(A), which is cured under Code § 8.”
Teleguz v. Com., 643 S.E.2d 708 (Va. 2007). · cites it 2× “Vienna Convention Teleguz claims that the trial court committed reversible error by denying his motion to strike the death penalty due to a violation of the Vienna Convention.”
Lenz v. Commonwealth, 544 S.E.2d 299 (Va. 2001). · cites it 2× “Code § 8.01-352; Hill v. Berry, 247 Va. 271, 273-74 , 441 S.”
Bethea v. Commonwealth, 831 S.E.2d 670 (Va. 2019). · cites it 6× “" Code § 8.01-352(A). Untimely objections are generally waived.”
Salmon v. Commonwealth, 529 S.E.2d 815 (Va. Ct. App. 2000). · cites it 6× “Code § 8.01-352 1 provides, inter alia, that prior to the swearing in *591 of the jury a party may object to any “irregularity .”
Hill v. Berry, 441 S.E.2d 6 (Va. 1994). · cites it 8× “In 1977, the General Assembly enacted Code § 8.01-352, that, among other things, permits a litigant to make an objection relating to the impaneling of jurors after the jury has been sworn with leave of court.”
Miller v. Commonwealth, 373 S.E.2d 721 (Va. Ct. App. 1988). · cites it 4× “The Commonwealth’s assertion is based on Code § 8.01-352 and Rule 5A:18. Code § 8.”
Com. Union Ins. v. Moorefield, 343 S.E.2d 329 (Va. 1986). · cites it 3× “that the irregularity ... be such as to probably cause injustice .”
Allen v. Commonwealth, 472 S.E.2d 277 (Va. 1996). · cites it 4× “That statute must be read in conjunction with Code § 8.01-352, entitled “Objections to irregularities in jury lists or for legal disability; effect thereof.”
Mighty v. Commonwealth, 438 S.E.2d 495 (Va. Ct. App. 1993). · cites it 11× “” After argument of counsel, in reliance upon Code § 8.01-352, the court found that because an objection had not been raised prior to the jury being sworn, prejudice or injustice must be shown.”
& SC13-1959 Lucious Boyd v. State of Florida & Lucious Boyd v. Julie L. Jones, etc., 200 So. 3d 685 (Fla. 2015). · cites it 2× “46(2) (Vernon 2014) (criminal defendant must demonstrate “significant harm” by service of disqualified juror); Va. Code Ann. § 8.01-352 (B) (2014) (new trial will not be granted unless it appears that the legal disability of juror “probably cause[d] injustice”).”
Mason v. Commonwealth, 498 S.E.2d 921 (Va. 1998). · cites it 4× “Code § 8.01-352(A)(ii); Hill v. Berry, 247 Va.”
Show all 38 citing cases →
Va. Code Ann. § 8.01-352(A): 10 cases
O'Dell v. Commonwealth, 364 S.E.2d 491 (Va. 1988). “The clerk’s misunderstanding of the trial court’s direction and the subsequent exclusion of all jurors who had served on any felony panel in the then-current term was an irregularity under Code § 8.01-352(A), which is cured under Code § 8.”
Bethea v. Commonwealth, 831 S.E.2d 670 (Va. 2019). “" Code § 8.01-352(A). Untimely objections are generally waived.”
Lewis v. Commonwealth, 492 S.E.2d 492 (Va. Ct. App. 1997).
Arturo Barnes v. Commonwealth of Virginia, 900 S.E.2d 159 (Va. Ct. App. 2024).
Daniel Lee Bowman v. Commonwealth of Virginia, No. 2185233 (Va. Ct. App. June 3, 2025).
Va. Code Ann. § 8.01-352(A)(ii): 2 cases
Mason v. Commonwealth, 498 S.E.2d 921 (Va. 1998). “Code § 8.01-352(A)(ii); Hill v. Berry, 247 Va.”
Adrian Isaiah Gray v. Commonwealth of Virginia, No. 0785223 (Va. Ct. App. Aug. 8, 2023).
Va. Code Ann. § 8.01-352(B): 19 cases
O'Dell v. Commonwealth, 364 S.E.2d 491 (Va. 1988). “The clerk’s misunderstanding of the trial court’s direction and the subsequent exclusion of all jurors who had served on any felony panel in the then-current term was an irregularity under Code § 8.01-352(A), which is cured under Code § 8.”
Bethea v. Commonwealth, 831 S.E.2d 670 (Va. 2019). “" Code § 8.01-352(A). Untimely objections are generally waived.”
Allen v. Commonwealth, 472 S.E.2d 277 (Va. 1996). “That statute must be read in conjunction with Code § 8.01-352, entitled “Objections to irregularities in jury lists or for legal disability; effect thereof.”
& SC13-1959 Lucious Boyd v. State of Florida & Lucious Boyd v. Julie L. Jones, etc., 200 So. 3d 685 (Fla. 2015). “46(2) (Vernon 2014) (criminal defendant must demonstrate “significant harm” by service of disqualified juror); Va. Code Ann. § 8.01-352 (B) (2014) (new trial will not be granted unless it appears that the legal disability of juror “probably cause[d] injustice”).”
Mason v. Commonwealth, 498 S.E.2d 921 (Va. 1998). “Code § 8.01-352(A)(ii); Hill v. Berry, 247 Va.”
Va. Code Ann. § 8.01-352(a): 1 case
Miller v. Commonwealth, 373 S.E.2d 721 (Va. Ct. App. 1988). “The Commonwealth’s assertion is based on Code § 8.01-352 and Rule 5A:18. Code § 8.”
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