Jury Duty in Virginia: Pay, Exemptions, Excuses and What to Expect (2026)

Virginia's circuit courts draw jurors at random, mainly from voter registration and driver's license lists. If you're a U.S. citizen over 18 who has lived in Virginia for a year and in your city or county for six months, you're liable to serve. Each circuit court's jury commissioners build a master list once a year, and the sheriff or clerk sends the summons.

The headline numbers are modest. Jurors get $50 for each day they attend court, an allowance the law ties to travel and other costs rather than lost wages. Your employer doesn't have to pay you, but it can't fire you, take action against you, or make you use sick or vacation days for jury duty. A juror who doesn't appear without a good excuse faces a fine of $50 to $200.

The rules are in Chapter 11 of Title 8.01 of the Code of Virginia (§§ 8.01-336 to 8.01-367), with pay in § 17.1-618 and employer protection in § 18.2-465.1. Everything below is current as of November 2026.

Virginia jury duty at a glance

Who can serve

Section 8.01-337 sets the basic test:

All citizens over 18 years of age who have been residents of the Commonwealth one year, and of the county, city, or town in which they reside six months next preceding their being summoned to serve as such, and competent in other respects, except as hereinafter provided, shall be liable to serve as jurors.

The same section adds that a disability doesn't make you incompetent to serve if you could serve with reasonable accommodation. Members of the armed forces don't become Virginia residents just because they're stationed here.

Who is disqualified. Under § 8.01-338, three groups can't serve: people adjudicated incapacitated, people convicted of treason or a felony, and anyone else under a legal disability as defined in § 8.01-2. The felony bar may soon narrow to treason alone (see the changes section below).

You can't volunteer. Oddly, asking to be put on a jury makes you ineligible. Section 8.01-339 says no person is eligible to serve "when he, or any person for him, solicits or requests a jury commissioner to place his name in a jury box" (§ 8.01-339).

Where names come from. The jury commissioners pick names at random from the current voter registration list and, where feasible, the DMV's list of licensed drivers, plus other lists the chief judge approves, such as directories and personal property tax rolls (§ 8.01-345). Many courts start with a questionnaire. In Fairfax, receiving one is only the first step of screening; not everyone who gets one is summoned (Fairfax Circuit Court).

Exemptions and excuses

Virginia has two lists of exemptions, plus the judge's power to excuse.

Automatic exemptions. Section 8.01-341 exempts certain officials outright. The list includes the President and Vice President; the Governor, Lieutenant Governor and Attorney General; members of Congress; members of the General Assembly while in session; licensed practicing attorneys; judges, magistrates and members of the State Corporation and Workers' Compensation Commissions; sheriffs, deputies, state police and local police; prison and regional jail officers; circuit court clerks and their deputies; and fire marshals (§ 8.01-341).

Exemptions you can claim. Section 8.01-341.1 lets many more people serve if they want to, but excuses them if they ask. It begins:

Any of the following persons may serve on juries in civil and criminal cases but shall be exempt from jury service upon his request:

The groups include:

• Age. The statute covers "Any person over 73 years of age" (§ 8.01-341.1(10)). The threshold was 70 until 2024.
• Parents and caregivers. A person with legal custody of a child 16 or younger who needs continuous care during court hours, or of a child under 18 with a serious health condition, and anyone caring full time for a person with a serious health condition, including a "familial caretaker" such as a relative, household member or close friend (§ 8.01-341.1(8)-(9)).
• Breastfeeding. The same item covers "any mother who is breast-feeding a child" (§ 8.01-341.1(8)).
• Sole workers. The only person running a business, commercial or farm operation that would have to close, and a locality's only firefighter whose absence would be an undue hardship (§ 8.01-341.1(12)-(13)).
• Disability. Since July 1, 2026, any person "under a disability that substantially impairs the person's ability to perform jury duty" (§ 8.01-341.1(17)).
• Others. Working mariners; a person whose spouse is summoned to the same panel; legislative staff around General Assembly sessions; election officials around elections; and military and Foreign Service members who will be serving outside the United States.

How to ask. Claim the exemption on your questionnaire or summons, or call the number on it. Fairfax's questionnaire, for example, has an age-exemption box, and the court asks for a doctor's note for a medical condition (Fairfax FAQ).

Excuses at the judge's discretion. Beyond the lists, the judge decides. The Supreme Court of Virginia's juror handbook is frank: you won't be excused because service is inconvenient or you're busy, but you may be for a reason such as a physical ailment, and the court may excuse you on particular days of the term that conflict (Answer Book). The court can also excuse a juror who didn't get enough notice (§ 8.01-353).

Postponing jury duty

Virginia's statute speaks of deferral rather than postponement. Under § 8.01-341.2, the court may exempt you for a term of court, or limit you to certain dates, if serving would cause you "a particular occupational inconvenience." You still owe the service; it moves to the next term after the inconvenience ends. The statute names two examples:

• a full-time college student attending classes during the term; and
• a person with legal custody of, and personal responsibility for, children 16 or younger who need continuous care during court hours.

(§ 8.01-341.2)

For other conflicts, call the number on your summons. The state handbook says deferral is for genuine hardship, not mere inconvenience, and that the judge decides. Many courts take requests online; Fairfax handles postponements and proof-of-service letters through its Juror Online Information portal, and its summonses explain how to postpone (Fairfax Circuit Court).

Juror pay

Section 17.1-618 sets the allowance:

Every person summoned as a juror in a civil or criminal case shall be entitled to $50 for each day of attendance upon the court for expenses of travel incident to jury service and other necessary and reasonable costs as the court may direct.

What that means:

• $50 a day, statewide. The figure is set by the General Assembly, not the locality. Fairfax tells jurors they'll be reimbursed $50 for each day they must report to the courthouse.
• It's an expense allowance. The law frames it as covering travel and related costs. There's no separate mileage payment and no higher rate for long trials.
• One case a day. You're paid for only one case on the same day.
• Kept overnight. If the court keeps a jury together overnight, jurors get board and lodging, at rates capped by state travel rules.
• From out of town. Jurors brought in from another county or city under § 8.01-363 may also be paid their actual expenses.

(§ 17.1-618)

Your job is protected

Section 18.2-465.1 protects jurors and witnesses:

Any person who is summoned to serve on jury duty or any person, except a defendant in a criminal case, who is summoned or subpoenaed to appear in any court of law or equity when a case is to be heard or who, having appeared, is required in writing by the court to appear at any future hearing, shall neither be discharged from employment, nor have any adverse personnel action taken against him, nor shall he be required to use sick leave or vacation time, as a result of his absence from employment due to such jury duty or court appearance, upon giving reasonable notice to his employer of such court appearance or summons.

Four things follow:

1. Give reasonable notice. The protection depends on telling your employer about the summons.
2. No firing, no penalty, no forced leave. Your employer can't fire you, take adverse personnel action, or make you burn sick or vacation days.
3. No night shift after a long day in court. If you spend four or more hours at jury duty in a day, counting travel, you can't be required to start a shift that begins at or after 5:00 p.m. that day or before 3:00 a.m. the next day.
4. Your employer needn't pay you. Virginia law doesn't require wages during jury duty. The state handbook notes that many employers keep paying anyway, so ask about your company's policy.

An employer who breaks the rule "is guilty of a Class 3 misdemeanor," which carries a fine of up to $500 (§ 18.2-11). The statute doesn't create a separate lawsuit for lost wages; if your employer retaliates, contact the court that summoned you or a lawyer.

What happens if you don't show up

Section 8.01-356 sets the penalty:

If any juror who has been given due notice to appear in court shall fail to do so without sufficient excuse, he shall be fined not less than $50 nor more than $200.

Notice counts as a court order: a summons served by the sheriff, or the judge's spoken direction to come back on a later date, "shall have the effect of an order of court" (§ 8.01-353). Both the state handbook and Fairfax warn that a juror who ignores a summons could be held in contempt of court. If you can't come, call the court before your date; a real emergency is a sufficient excuse, ignoring the summons is not.

Your first day

Details vary by circuit court, so follow your summons. Fairfax Circuit Court's pages give a good picture:

• Check the night before. Fairfax jurors are assigned to a group and a weekday. Call the recorded message or check the court's daily jury message the evening before. If your group isn't needed, you don't report, though you may be summoned again later.
• Arrive on time. In Fairfax, needed jurors report by 8:15 a.m. Court usually ends around 5 p.m., with a lunch hour and morning and afternoon breaks; jurors not picked can often leave early.
• Bring ID and your badge. Virginia law requires each potential juror to show identification, such as a voter registration card, a Virginia driver's license or other government ID, or a photo employee ID; without one, you sign a statement under penalty of perjury (§ 8.01-353.1). Fairfax's summons includes a tear-off juror badge to bring to the jury assembly area.
• Dress comfortably but appropriately. Fairfax asks jurors not to wear shorts or halter tops and to be ready for temperature swings. Bring a book or other quiet activity for the wait.
• How long. Jurors serve one term of court, which can run up to four months depending on where you live, but you report only when called. In Fairfax, if you're not picked or your trial ends that day, your service is done; if you're on a multi-day trial, you stay until it ends.
• Proof for your employer. Ask the jury office for a proof-of-service letter; Fairfax issues them through its online portal.
• Emergencies. If something comes up during service, call the court right away.

Grand jury service

Grand juries in Virginia are small. Each year the circuit judges choose 60 to 120 residents, 18 or older, to be the pool of grand jurors for the next 12 months (§ 19.2-194). A regular grand jury has five to seven members, who must meet the same residency rules as trial jurors (§ 19.2-195). A person caring for a child 16 or younger, or for someone who needs continuous care during court hours, is excused on request (§ 19.2-194). Grand jurors get the same $50 daily allowance.

Jury duty scams

Scammers call pretending to be deputies or police officers, claim you missed jury duty, and demand a fine to avoid arrest. Fairfax Circuit Court's fraud alert describes callers who ask victims to buy a prepaid money card, and says:

This is a scam! We will never call you and ask you to give us your bank account number, credit card number, social security number or any kind of money card.

Virginia's real penalty comes from a judge after a court process, never from a phone call demanding payment. If you get such a call, hang up and call the jury office at the number on your court's website (Fairfax jury fraud alert; see also the federal courts' juror scam warning).

Recent and pending changes

The felony change depends on the November 3, 2026 vote. Chapter 992 takes effect January 1, 2027 only if voters approve amendments to Article II, Section 1 of the Constitution of Virginia, on restoring voting rights after incarceration, at the November 3, 2026 general election. The Code already prints both versions of § 8.01-338. Until the new version takes effect, a felony conviction still disqualifies you.

Virginia laws passed at a regular session take effect on July 1 unless the bill says otherwise (Va. Const. art. IV, § 13). No bills changing jury service were pending as of November 2026; the 2027 session opens in January.

Frequently asked questions

How much does jury duty pay in Virginia?

Virginia pays jurors $50 for each day they attend court, in every county and city. The law treats it as an allowance for travel and other costs, so there's no separate mileage payment. Your employer doesn't have to pay your wages, but many do.

Can my employer fire me for jury duty in Virginia?

No. If you give reasonable notice, your employer can't fire you, take adverse action against you, or make you use sick or vacation time for jury duty. After four or more hours of jury duty, you can't be required to start a shift between 5:00 p.m. and 3:00 a.m. An employer who violates the law commits a Class 3 misdemeanor, punishable by a fine of up to $500.

How do I get out of jury duty in Virginia?

Some people are exempt automatically, including lawyers, judges and police. Others can claim an exemption on request, including people over 73, breastfeeding mothers, caregivers, people with a disability that substantially impairs their ability to serve, and sole proprietors whose business would close. Students and parents of young children can ask the court to defer them to a later term. For anything else, call the court; the judge decides, and inconvenience alone isn't enough.

What happens if I miss jury duty in Virginia?

A juror who was properly notified and fails to appear without a sufficient excuse is fined at least $50 and no more than $200. A summons has the effect of a court order, so ignoring it can also lead to contempt. If you have an emergency, call the court before your reporting time.

How often can you be called for jury duty in Virginia?

Once you've been called and reported to any Virginia state court, your name stays off the master jury list for three years. Fairfax tells jurors that simply attending earns the three-year break, even if you never sit on a trial. Special juries and grand juries are the exceptions.

Is there an age limit for jury duty in Virginia?

You must be over 18. There's no upper limit, but anyone over 73 may claim an exemption on request, and many courts let you do it on the questionnaire. The age was 70 until July 1, 2024.

Where these rules live

• Va. Code § 8.01-337 — Who must serve
• Va. Code § 8.01-338 — Who is disqualified
• Va. Code § 8.01-341 — Automatic exemptions
• Va. Code § 8.01-341.1 — Exemptions on request
• Va. Code § 8.01-341.2 — Deferral for occupational inconvenience
• Va. Code § 8.01-342 — Three-year limit on service
• Va. Code § 8.01-356 — Failure to appear
• Va. Code § 17.1-618 — Juror allowance
• Va. Code § 18.2-465.1 — Employer protection
• The Answer Book for Jury Service (Supreme Court of Virginia)
• Virginia's jury statutes on this site (§ 8.01-336 and following)
• Divorce in Virginia
• Law schools in Virginia