Prior to or during any term of court at which a jury may be necessary, the clerk or deputy clerk, in the presence of the judge or, in his absence, a commissioner in chancery appointed for the purpose by the judge, shall, after thoroughly mixing the ballots in the box, openly draw therefrom such number of ballots as are necessary for the trial of all cases during the term or as the judge shall direct. However, a commissioner shall not be eligible to witness the drawing of a jury to be used in the trial of any case in which he will be interested as attorney or otherwise.
§ 8.01-348.How names of jurors drawn from box.
Chapter 11. Juries · Article 3. Selection of Jurors · Last amended 1983 · Last verified July 16, 2026
In one sentenceSets the procedure for drawing names from the locked jury box — the clerk mixes and openly pulls ballots in the judge’s presence, or before a commissioner in chancery if the judge is absent, for as many jurors as the term’s cases require, while barring an interested commissioner from witnessing a draw involving that commissioner’s own case.
Full Text of § 8.01-348
Plain-English Summary
Drawing a jury from the box is a supervised event, not something the clerk does alone in a back room. Before or during a term where a jury might be needed, the clerk or deputy clerk mixes the ballots thoroughly and draws them openly, in the judge’s presence, pulling as many names as the term’s cases require or as the judge directs.
If the judge cannot be there, a commissioner in chancery appointed specifically for the purpose stands in — except that a commissioner with a personal stake in a particular case, whether as attorney or otherwise, cannot witness the drawing of a jury for that case. The rule keeps the drawing both transparent and free of anyone with a reason to steer the outcome.
Frequently Asked Questions
Who draws the ballots from the jury box?
The clerk or deputy clerk.
Must the drawing happen in front of anyone else?
Yes, the judge, or in the judge’s absence, a commissioner in chancery appointed for the purpose by the judge.
Does the clerk mix the ballots before drawing them?
Yes. The ballots are thoroughly mixed in the box before the clerk openly draws them.
Can a commissioner with an interest in a case witness the drawing for that case?
No. A commissioner is not eligible to witness the drawing of a jury for the trial of any case in which he will be interested as attorney or otherwise.
How many ballots are drawn at once?
As many as are necessary for the trial of all cases during the term, or as many as the judge directs.
Amendment History
Code 1950, § 8-208.13; 1973, c. 439; 1977, c. 617; 1983, c. 425.
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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