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§ 8.01-353.Notice to jurors; making copy of jury panel available to counsel; objection to notice.

Chapter 11. Juries · Article 4. Jury Service · Last amended 2024 · Last verified July 16, 2026

In one sentenceGoverns how jurors get notified to appear — through the sheriff or a judge’s verbal direction — and requires that, on request, counsel receive a copy of the jury panel with basic identifying details at least five business days before trial, while shielding judgments from reversal over notice-record gaps not raised before the jury was sworn.

Full Text of § 8.01-353

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A. The sheriff shall notify the jurors on the list, or such number of them as the judge may direct to appear in court on such day as the court may direct. Such notice shall be given a juror as provided by § 8.01-298. Verbal direction given by the judge, or at his direction, to a juror who has been given notice as hereinbefore provided that he appear at a later specified date, shall be a sufficient notice. Any notice given as provided herein shall have the effect of an order of court. No particular time in advance of the required appearance date shall be necessary for verbal notice hereunder, but the court may, in its discretion, excuse from service a juror who claims lack of sufficient notice. Upon request, the clerk or sheriff or other officer responsible for notifying jurors to appear in court for the trial of a case shall make available to all counsel of record in that case, a copy of the jury panel to be used for the trial of the case at least five full business days before the trial. Such copy of the jury panel shall show the name, age, address, occupation, and employer of each person on the panel. Any error in the information shown on such copy of the jury panel shall not be grounds for a mistrial or assignable as error on appeal, and the parties in the case shall be responsible for verifying the accuracy of such information.
B. No judgment shall be arrested or reversed for the failure of the record to show that there was service upon a juror of notice to appear in court unless made a ground of exception in the trial before the jury is sworn.

Plain-English Summary

Getting a juror into the courtroom starts with notice, and this section covers both the ordinary and the informal ways that happens. The sheriff notifies jurors on the list to appear as the judge directs, following the notice procedure in § 8.01-298, but a judge’s verbal instruction telling a juror to come back on a later date counts as sufficient notice too, carrying the same force as a court order — with no fixed lead time required, though the court can excuse a juror who claims they did not get enough warning.

Counsel get their own guarantee here: on request, the clerk, sheriff, or other responsible officer must give all counsel of record a copy of the jury panel — names, ages, addresses, occupations, and employers — at least five full business days before trial. Mistakes on that copy are not grounds for a mistrial or an appeal; the parties bear responsibility for checking the details themselves.

The section also protects verdicts from being undone over paperwork gaps. A judgment will not be arrested or reversed just because the record fails to show a juror was served with notice, unless that failure was raised as an exception before the jury was sworn.

Frequently Asked Questions

How far in advance must counsel receive a copy of the jury panel?

At least five full business days before the trial, upon request.

What information does the jury panel copy show?

The name, age, address, occupation, and employer of each person on the panel.

Is a judge’s verbal instruction enough to notify a juror to appear?

Yes. Verbal direction given to a juror who has already received prior notice, telling the juror to appear at a later specified date, is sufficient notice with the effect of an order of court.

Can a judgment be reversed because the record does not show a juror was notified?

No, unless that failure was made a ground of exception in the trial before the jury was sworn.

Who is responsible if the jury panel copy contains inaccurate information?

The parties in the case are responsible for verifying the accuracy of the information, and errors in it are not grounds for a mistrial or assignable as error on appeal.

Amendment History

Code 1950, § 8-208.16; 1973, c. 439; 1974, c. 243; 1976, c. 261; 1977, c. 617; 1980, c. 452; 1981, c. 150; 1988, c. 350; 2010, c. 799; 2024, c. 40.

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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