Any court in a civil case in which a jury is required may allow a special jury, in which event the court shall order such jurors to be summoned as it shall designate, and from those summoned, a jury shall be made in accordance with the provisions of § 8.01-359 A. The court may, in its discretion, cause the entire cost of such jury to be taxed as a part of the cost in such action, and to be paid by the plaintiff or defendant as the court shall direct.
§ 8.01-362.Special juries.
Chapter 11. Juries · Article 4. Jury Service · Last amended 1977 · Last verified July 16, 2026
In one sentenceLets a court in a civil jury case authorize a special jury, summoned as the court designates and seated under the standard sizing rules in § 8.01-359 A, while giving the court discretion to tax the entire cost of that jury as case costs against either the plaintiff or the defendant.
Full Text of § 8.01-362
Plain-English Summary
A special jury is a court’s option for cases where an ordinary panel is not enough. Any court handling a civil case that requires a jury can allow one, ordering the jurors it wants summoned and seating the panel under the same twelve-from-twenty structure set out in § 8.01-359 A.
Because a special jury draws on a larger pool and a more deliberate process, it costs more to run, and this section lets the court tax that entire cost as part of the case, charged to either the plaintiff or the defendant as the court sees fit — a reminder that special juries are a resource parties may end up paying for directly.
Frequently Asked Questions
What is a special jury under Virginia law?
A jury a court specially allows and orders summoned in a civil case requiring a jury, seated in accordance with the provisions of § 8.01-359 A.
Who pays for a special jury?
The court may, in its discretion, cause the entire cost of the jury to be taxed as part of the costs in the action and paid by the plaintiff or defendant as the court directs.
Can a special jury be used in any civil case?
Only in a civil case in which a jury is required and only where the court allows one.
How large is a special jury panel?
Twelve persons from a panel of not less than 20, per the sizing rule in § 8.01-359 A.
Does the three-year jury service restriction in § 8.01-342 apply to special juries?
No. Section 8.01-342 expressly permits a person restricted from other jury service to serve on a special jury ordered under this section.
Amendment History
Code 1950, § 8-208.25; 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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