Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 11. Juries » Article 4. Jury Service
Virginia Code

Va. Code Ann. § 8.01-355 (2026)

Jurors on list to be used for trial of cases during term; discharge or dispensing with attendance of jurors; drawing additional jurors

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Jurors whose names appear in the list provided for under §§ 8.01-348 and 8.01-351 shall be used for the trial of cases, civil and criminal, to be tried during the term. The judge shall direct the selection of as many jurors as may be necessary to appear for the trial of any case. Any court shall have power to discharge persons summoned as jurors therein, or to dispense with their attendance on any day of its sitting. When by reason of challenge or otherwise a sufficient number of jurors summoned cannot be obtained for the trial of any case, the judge may select from the names on the jury list provided for by § 8.01-345 the names of as many persons as he deems necessary and cause them to be summoned to appear forthwith for the trial.

Code 1950, § 8-208.17; 1973, c. 439; 1975, c. 359; 1977, c. 617.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1988–2026 · leading case: Butler v. Commonwealth, 570 S.E.2d 813 (Va. 2002).
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Butler v. Commonwealth, 570 S.E.2d 813 (Va. 2002). · cites it 4× “Relying on Code § 8.01-355, the court denied Butler’s motion for a continuance but recessed in order for Butler’s counsel to review the new jury panel list.”
O'Dell v. Commonwealth, 364 S.E.2d 491 (Va. 1988). · cites it 2× “Code § 8.01-355 permits the trial court to excuse any jurors whose names were drawn for service on a particular panel and, thus, authorizes the trial court’s direction to the clerk.”
Norfolk S. Ry. Co. v. Bowles, 539 S.E.2d 727 (Va. 2001). · cites it 4× “Code § 8.01-355. Those selected are notified to appear in court on a day directed by the court.”
Reeves v. Commonwealth, 593 S.E.2d 827 (Va. Ct. App. 2004). · cites it 4× “Code § 8.01-355, which governs the stage of jury selection at issue here, provides that the “judge shall direct the selection of as many jurors as may be necessary to appear for the trial of any case.”
Bricker v. Miller, 58 Va. Cir. 305 (Va. Cir. Ct. 2002). · cites it 8× “” Va. Code Ann. § 8.01-355 (Michie 2001). Unlike § 8.”
Timothy M. Barrett v. Commonwealth of Virginia, No. 0074193 (Va. Ct. App. Feb. 11, 2020). · cites it 4× “Five years later, pursuant to Code § 8.01-355(B), the Halifax circuit court dismissed the pending divorce action.”
Willie Walter Butler, Jr. v. Commonwealth of VA, No. 0185011 (Va. Ct. App. Dec. 11, 2001). · cites it 6× “" 2 Relying upon Code § 8.01-355 and the attendant procedure, the court denied defendant's motion but afforded defendant a further recess "to review the jury panel [list]," then prepared and available to counsel.”
Thomas Edward Clark v. Commonwealth of Virginia, 892 S.E.2d 685 (Va. Ct. App. 2023). · cites it 2× “01-349 (requiring “the clerk” to separate the names of jurors drawn from the jury box “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…”
Moss, No. 7:24-cv-00071 (W.D. Va. Mar. 30, 2026). · cites it 2× “Further, Virginia Code § 8.01-355 allows a court to discontinue a case from the docket after two years, with 15 days’ notice to the parties, unless a party requests that the matter be continued.”
Bowles v. Norfolk & W. Ry. Co., 50 Va. Cir. 231 (Roanoke County Cir. Ct. 1999). “That procedure is in accordance with a fair reading of the provisions of § 8.01-355 and is used when sufficient jurors cannot be obtained for the trial of a case.”
Va. Code Ann. § 8.01-355(B): 1 case
Timothy M. Barrett v. Commonwealth of Virginia, No. 0074193 (Va. Ct. App. Feb. 11, 2020). “Five years later, pursuant to Code § 8.01-355(B), the Halifax circuit court dismissed the pending divorce action.”
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