A. Prior to the jury being sworn, the following objections may be made without leave of court: (i) an objection specifically pointing out the irregularity in any list or lists of jurors made by the clerk from names drawn from the jury box, or in the drawing, summoning, returning or impaneling of jurors or in copying or signing or failing to sign the list, and (ii) an objection to any juror on account of any legal disability; after the jury is sworn such objection shall be made only with leave of court.
§ 8.01-352.Objections to irregularities in jury lists or for legal disability; effect thereof.
Chapter 11. Juries · Article 3. Selection of Jurors · Last amended 1977 · Last verified July 16, 2026
In one sentenceSets the window and standard for challenging defects in jury selection — objections to list irregularities or a juror’s legal disability must generally come before the jury is sworn, and afterward an irregularity unravels a verdict only if it was intentional or likely caused real injustice to the objecting party.
Full Text of § 8.01-352
B. Unless objection to such irregularity or disability is made pursuant to subsection A herein and unless it appears that the irregularity was intentional or that the irregularity or disability be such as to probably cause injustice in a criminal case to the Commonwealth or to the accused and in a civil case to the party making the objection, then such irregularity or disability shall not be cause for summoning a new panel or juror or for setting aside a verdict or granting a new trial.
Plain-English Summary
Jury selection involves a lot of moving pieces — lists, drawings, notices, signatures — and this section sets the rules for challenging mistakes in any of them. Before the jury is sworn, a party can raise an objection to an irregularity in the jury lists or the drawing, summoning, or impaneling process, or object to a specific juror’s legal disability, without needing the court’s permission first. After the jury is sworn, the same objections require leave of court.
The stakes for missing that window are real. Unless the objection was properly made, a verdict will not be set aside and a new trial will not be granted over a list or drawing irregularity or a juror’s disability, unless the irregularity was intentional or was serious enough to probably cause injustice — to the Commonwealth or the accused in a criminal case, or to the objecting party in a civil case.
The practical effect is to reward promptness. A party who spots a defect and stays quiet until after an unfavorable verdict will generally find that door closed, absent proof of intentional wrongdoing or real prejudice.
Frequently Asked Questions
When must an objection to a jury-list irregularity be raised?
Prior to the jury being sworn, without needing leave of court; after the jury is sworn, such an objection may be made only with leave of court.
Can any technical defect in the jury list void a verdict?
No. Unless objection was properly made, an irregularity is not cause for a new panel or juror, or for setting aside a verdict or granting a new trial, unless it was intentional or likely to cause injustice.
What counts as a “legal disability” objection to a juror under this section?
An objection to a juror made on account of any legal disability, which must be raised the same way as objections to list irregularities.
Does an unintentional clerical error in the jury list require a new trial?
No, not unless it was intentional or was such as to probably cause injustice.
Who bears the relevant injustice in a criminal case versus a civil case?
In a criminal case, injustice to the Commonwealth or to the accused; in a civil case, injustice to the party making the objection.
Amendment History
Code 1950, §§ 8-208.7, 8-208.27, 8-208.29; 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
Also known as: virginia objection to jury list irregularitychallenging juror legal disability virginia