Virginia Code

Va. Code Ann. § 8.01-381 (2026)

What jury may carry out

✓ current as of May 2026

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No pleadings may be carried from the bar by the jury. Exhibits may, by leave of court, be so carried by the jury. Upon request of any party, the court shall instruct the jury that they may request exhibits for use during deliberations. Exhibits requested by the jury shall be sent to the jury room or may otherwise be made available to the jury.

Code 1950, § 8-221; 1977, c. 617; 1992, c. 495.

Notes of Decisions

Cited in 8 cases, 1988–2007 · leading case: Kirby v. Commonwealth, 653 S.E.2d 600 (Va. Ct. App. 2007).

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Kirby v. Commonwealth, 653 S.E.2d 600 (Va. Ct. App. 2007). · cites it 4× “On appeal, Kirby argues that the trial court violated Code § 8.01-381 by failing to provide the videotape to the jury during deliberations.”

Pugliese v. Commonwealth, 428 S.E.2d 16 (Va. Ct. App. 1993). · cites it 4× “Exhibits requested by the jury shall be sent to the jury room or otherwise be made available.”

Jackson v. Commonwealth, 590 S.E.2d 520 (Va. 2004). · cites it 2× “Finally, Jackson claims that undue emphasis was placed on his confession and investigator Peterson’s testimony regarding his interrogation of the defendant because the jury was allowed to take the video tape into the jury room during deliberations.”

Fisher v. Commonwealth, 374 S.E.2d 46 (Va. 1988). · cites it 2× “Code § 8.01-381 expressly authorizes the jury to take exhibits to the jury room in such circumstances.”

Norfolk & W. Ry. Co. v. Puryear, 463 S.E.2d 442 (Va. 1995). · cites it 4× “Indeed, we further indicated in Scott that the reason a written version of the oral testimony in that case should not be made an exhibit was because a jury can take exhibits into the jury room pursuant to Code § 8.01-381. 241 Va. at 305 , 402 S.E.”

Scott v. Greater Richmond Transit Co., 402 S.E.2d 214 (Va. 1991). · cites it 2× “Code § 8.01-381. We prefer the view adopted by a significant number of states and hold, as expressed in the Federal Rules of Evidence, that “the [past recollection recorded] may be read into evidence but may not itself be received as an exhibit unless offered by an adverse party.”

Stephanie Leigh-Anne Cull, s/k/a etc. v. CW (Va. Ct. App. 2000). · cites it 6× “As we have previously stated, Code § 8.01-381 provides that upon the request of any party, the court shall instruct the jury that they may request exhibits for use during deliberations.”

Thomas Leroy Lipscomb v. Commonwealth of Virginia (Va. Ct. App. 1998). · cites it 3× “After it is determined that the tape was in evidence, the plain terms of Code § 8.01-381 govern our decision. Code § 8.”

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