No person shall be admitted to serve as a juror at a term of a court during which he has any matter of controversy which has been or is expected to be tried by a jury during the same term.
§ 8.01-340.No person to serve who has case at that term.
Chapter 11. Juries · Article 2. Jurors · Last amended 1977 · Last verified July 16, 2026
In one sentenceBars a person from serving as a juror at a term of court during which that person has a matter of controversy that has been, or is expected to be, tried by a jury during the same term, avoiding a conflict between jury duty and the person’s own status as a litigant.
Full Text of § 8.01-340
Plain-English Summary
A juror should not be deciding someone else’s case while their own case waits for a jury down the hall. This section keeps that conflict from arising by barring anyone from serving as a juror at a court term during which they have a controversy of their own that has been, or is expected to be, tried by a jury at that same term.
The concern is less about proven bias than about the appearance of it, and about the practical awkwardness of a litigant sitting in judgment on other cases while awaiting judgment on their own. The restriction ties to a specific term of court rather than acting as a permanent disqualification, so the same person could serve at a later term once their own matter has cleared.
Frequently Asked Questions
Can someone with a pending case serve on a jury during the same term of court?
No, if that person’s own matter of controversy has been or is expected to be tried by a jury during that same term.
Why does Virginia bar a litigant from jury duty at the same term as their own case?
To avoid the conflict, and appearance of conflict, that comes from a person judging others’ cases while their own case awaits a jury verdict.
Does this restriction apply only to civil matters?
The section refers broadly to “any matter of controversy,” not limited by case type, as long as it has been or is expected to be tried by a jury that term.
Is this a permanent bar from jury service?
No. It applies only to the specific term of court during which the person has a pending jury-tried matter.
What if a person’s own case will not be tried by a jury?
Then this restriction does not apply, since the bar covers only matters that have been or are expected to be tried by a jury.
Amendment History
Code 1950, § 8-208.5; 1973, c. 439; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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