§ 8.01-358.Voir dire examination of persons called as jurors.
Chapter 11. Juries · Article 4. Jury Service · Last amended 1981 · Last verified July 16, 2026
In one sentenceGives the court and counsel for either party the right to question prospective jurors under oath about relationships to the parties, interest in the case, formed opinions, or bias, to introduce evidence backing an objection, and to replace any juror found not impartial, while requiring jurors with personal knowledge of case facts to disclose it in open court.
Full Text of § 8.01-358
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The court and counsel for either party shall have the right to examine under oath any person who is called as a juror therein and shall have the right to ask such person or juror directly any relevant question to ascertain whether he is related to either party, or has any interest in the cause, or has expressed or formed any opinion, or is sensible of any bias or prejudice therein; and the party objecting to any juror may introduce any competent evidence in support of the objection; and if it shall appear to the court that the juror does not stand indifferent in the cause, another shall be drawn or called and placed in his stead for the trial of that case.
A juror, knowing anything relative to a fact in issue, shall disclose the same in open court.
Plain-English Summary
Voir dire is where a jury panel gets tested for bias before a single fact gets argued, and this section gives both the court and counsel the tools to do it. Anyone called as a juror can be examined under oath, with direct questions aimed at whether they are related to a party, have an interest in the case, have already formed or expressed an opinion, or carry any bias or prejudice.
A party objecting to a juror is not limited to argument alone — the objecting side may bring in competent evidence to back up the challenge. And if it becomes clear a juror does not stand indifferent in the case, the court seats another juror in that person’s place instead of pressing forward with a compromised panel.
The section closes with a separate but related duty: any juror who happens to know something relevant to a fact at issue in the case has to say so, out loud, in open court, rather than sitting on that knowledge quietly.
Frequently Asked Questions
Who can question a prospective juror during voir dire in Virginia?
Both the court and counsel for either party.
What topics can voir dire questioning cover?
Whether the juror is related to either party, has an interest in the cause, has expressed or formed any opinion, or is sensible of any bias or prejudice.
What happens if a juror is found not to stand indifferent in the case?
Another juror is drawn or called and placed in that juror’s stead for the trial of that case.
Can a party introduce evidence to support an objection to a juror?
Yes. The party objecting to any juror may introduce any competent evidence in support of the objection.
What must a juror do if they know something relevant to a fact at issue?
Disclose it in open court.
Amendment History
Code 1950, §§ 8-208.28, 8-215; 1973, c. 439; 1977, c. 617; 1981, c. 280.
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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