§ 8.01-342.Restrictions on amount of jury service permitted.

Chapter 11. Juries · Article 2. Jurors · Last amended 1994 · Last verified July 16, 2026

In one sentenceBars jury commissioners from listing anyone called and reported for jury duty in a state court within the preceding three years, and keeps a person who sat on a case at one term off that court’s juries for three years, unless the jury box has been fully drawn or the service is on a special or grand jury.

Full Text of § 8.01-342

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A. The jury commissioners shall not include on the jury list provided for in § 8.01-345 the name of any person who has been called and reported to any state court for jury duty at any time during the period of three years next preceding the date of completion of such jury list.

B. If such person has been called and reported for jury duty in the trial of any case, either civil or criminal, at any one term of a court, he shall not be permitted to serve as a juror in any civil or criminal case, at any other term of that court during the three-year period set forth in subsection A of this section, unless all the persons whose names are in the jury box have been drawn to serve during such three-year period; however, such person shall be permitted to serve on any special jury ordered pursuant to § 8.01-362 and on any grand jury.

Plain-English Summary

Virginia spreads jury duty around instead of leaning on the same pool of people over and over. Jury commissioners cannot even put someone’s name on the master jury list if that person was called and reported for jury duty in any state court within the preceding three years.

The same three-year window limits repeat service at a single court: once someone has been called and reported for trial of a case at one term, that court cannot use them again for another three years, even in a different case — unless the whole jury box has been emptied out through the drawing process, in which case everyone becomes fair game again.

Special and grand juries sit outside this restriction entirely. A person can serve on either even during the three-year cooling-off period that would otherwise keep them off a regular jury.

Frequently Asked Questions

How often can someone be required to serve on a jury in Virginia under this section?

Generally no more than once every three years, since anyone called and reported for jury duty within that period is excluded from the jury list.

Can jury commissioners list someone who served two years ago?

No. The jury commissioners may not include on the jury list anyone called and reported for jury duty within the preceding three years.

Is there any exception to the three-year restriction?

Yes. It does not apply if all the names in the jury box have been drawn to serve during the three-year period, or to service on a special jury or grand jury.

Does the three-year restriction depend on being called, or on sitting through a full trial?

It depends on having been “called and reported” for jury duty, not on whether a verdict was reached.

Does this three-year limit apply to grand jury service?

No. A person restricted from regular jury service under this section is still permitted to serve on any grand jury.

Amendment History

Code 1950, §§ 8-208.7, 8-208.10; 1973, c. 439; 1974, c. 369; 1977, cc. 451, 617; 1984, c. 165; 1992, c. 312; 1994, c. 27.

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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