A. The sheriff shall notify the jurors on the list, or such number of them as the judge may direct to appear in court on such day as the court may direct. Such notice shall be given a juror as provided by § 8.01-298. Verbal direction given by the judge, or at his direction, to a juror who has been given notice as hereinbefore provided that he appear at a later specified date, shall be a sufficient notice. Any notice given as provided herein shall have the effect of an order of court. No particular time in advance of the required appearance date shall be necessary for verbal notice hereunder, but the court may, in its discretion, excuse from service a juror who claims lack of sufficient notice. Upon request, the clerk or sheriff or other officer responsible for notifying jurors to appear in court for the trial of a case shall make available to all counsel of record in that case, a copy of the jury panel to be used for the trial of the case at least five full business days before the trial. Such copy of the jury panel shall show the name, age, address, occupation, and employer of each person on the panel. Any error in the information shown on such copy of the jury panel shall not be grounds for a mistrial or assignable as error on appeal, and the parties in the case shall be responsible for verifying the accuracy of such information.
B. No judgment shall be arrested or reversed for the failure of the record to show that there was service upon a juror of notice to appear in court unless made a ground of exception in the trial before the jury is sworn.
Code 1950, § 8-208.16; 1973, c. 439; 1974, c. 243; 1976, c. 261; 1977, c. 617; 1980, c. 452; 1981, c. 150; 1988, c. 350; 2010, c. 799; 2024, c. 40.
Notes of Decisions
Cited in
12
cases (
2 in the last 5 years), 1987–2025 · leading case:
Butler v. Commonwealth, 570 S.E.2d 813 (Va. 2002).
Butler v. Commonwealth, 570 S.E.2d 813 (Va. 2002).
· cites it 32× “In this appeal, we decide whether a defendant was entitled to a continuance of his trial when the jury panel had to be reconstituted and the defendant’s attorney did not receive the new jury panel list forty-eight hours prior to trial in accordance with the provisions of Code §…”
Norfolk S. Ry. Co. v. Bowles, 539 S.E.2d 727 (Va. 2001).
· cites it 14× “a copy of the jury panel to be used for the trial of the case at least forty-eight hours before the trial” is mandatory and the failure to comply with this provision is reversible error.”
Michael Alonzo Robinson, Jr. v. Commonwealth of Virginia, 762 S.E.2d 806 (Va. Ct. App. 2014).
· cites it 18× “The trial court provided counsel a recess but denied appellant’s request for a continuance based on his argument that Code § 8.01-353 required that a copy of the jury panel be made available to counsel at least forty-eight hours prior to trial and that he needed more time to…”
Oliver v. Commonwealth, 577 S.E.2d 514 (Va. Ct. App. 2003).
· cites it 4× “[A]dherence to the provisions of Code § 8.01-353 is required to the extent necessary to insure due process.”
Fisher v. Commonwealth, 431 S.E.2d 886 (Va. Ct. App. 1993).
· cites it 2× “He argues that this impaired his ability to investigate the jury panel members at the clerk’s office and violated Code § 8.01-353. Fisher failed to object properly and sought no relief from the trial court.”
Caterpillar Tractor Co. v. Hulvey, 353 S.E.2d 747 (Va. 1987).
· cites it 2× “See Code § 8.01-353 (any error on the “copy of the jury panel shall not be grounds for a mistrial or assignable as error on appeal, and the parties in the case shall be responsible for verifying the accuracy of such information”).”
Harris v. Commonwealth, 667 S.E.2d 809 (Va. Ct. App. 2008).
· cites it 2× “2d 813, 816 (2002) (holding that Code § 8.01-353’s requirement that a copy of the jury panel “shall” be made available to counsel upon request is directory and not mandatory); Nelson v.”
Willie Walter Butler, Jr. v. Commonwealth of VA (Va. Ct. App. 2001).
· cites it 16× “On appeal, he contends the trial court erroneously denied his motion to continue trial because "a copy of the jury panel" had not been made available to defense counsel "at least forty-eight hours before trial," pursuant to Code § 8.01-353. We disagree and affirm the convictions.”
Jamal Laquan Malmberg v. Commonwealth of Virginia (Va. Ct. App. 2025).
· cites it 5× “shall make available to all counsel of record in that case, a copy of the jury panel to be used for the trial of the case at least three full business days before the trial.”
Bowles v. Norfolk & W. Ry. Co., 50 Va. Cir. 231 (Roanoke County Cir. Ct. 1999).
· cites it 5× “Defendant did not receive a list of prospective jurors pursuant to § 8.01-353; 3. Plaintiff’s ergonomics expert testified to matters within the common knowledge of the jury; and 4.”
T.D. Bank, N.A. v. Frey, 83 Va. Cir. 68 (Fairfax Cir. Ct. 2011).
“§ 8.01-353. Notice to jurors; making copy of jury panel available to counsel; objection to notice.”
Va. Code Ann. § 8.01-353(A): 2 cases
Jamal Laquan Malmberg v. Commonwealth of Virginia (Va. Ct. App. 2025).
“shall make available to all counsel of record in that case, a copy of the jury panel to be used for the trial of the case at least three full business days before the trial.”
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