A. Five persons from a panel of not less than 11 shall constitute a jury in a civil case when the amount involved exclusive of interest and costs does not exceed the maximum jurisdictional limits as provided in § 16.1-77 (1). Seven persons from a panel of not less than 13 shall constitute a jury in all other civil cases except that when a special jury is allowed, 12 persons from a panel of not less than 20 shall constitute the jury.
§ 8.01-359.Trial; numbers of jurors in civil cases; how jurors selected from panel.
Chapter 11. Juries · Article 4. Jury Service · Last amended 2005 · Last verified July 16, 2026
In one sentenceFixes civil jury size at five jurors from an eleven-person panel for lower-limit cases, seven from thirteen for other civil cases, and twelve from twenty for special juries, and lays out the alternating-strike process parties use to trim the panel down, including a consent option for a three-person jury.
Full Text of § 8.01-359
B. The parties or their counsel, beginning with the plaintiff, shall alternately strike off one name from the panel until the number remaining shall be reduced to the number required for a jury. Where there are more than two parties, all plaintiffs shall share three strikes between them and all defendants and third-party defendants shall share three strikes between them.
C. In any case in which there are two or more parties on the same side, if counsel or the parties are unable to agree on the full number to be stricken, or, if for any other reason a party or his counsel fails or refuses to strike off the full number of jurors allowed such party, the clerk shall place in a box ballots bearing the names of the jurors whose names have not been stricken and shall cause to be drawn from the box such number of ballots as may be necessary to complete the number of strikes allowed the party or parties failing or refusing to strike. Thereafter, if the opposing side is entitled to further strikes, they shall be made in the usual manner.
D. In any civil case in which the consent of the plaintiff and defendant shall be entered of record, it shall be lawful for the plaintiff to select one person who is eligible as a juror and for the defendant to select another, and for the two so selected to select a third of like qualifications, and the three so selected shall constitute a jury in the case. They shall take the oath required of jurors, and hear and determine the issue, and any two concurring shall render a verdict in like manner and with like effect as a jury of seven.
Plain-English Summary
This section answers the two questions every civil jury trial in Virginia eventually has to answer: how many jurors, and how do the parties get there. The numbers scale with the stakes — five jurors from a panel of at least 11 for cases within the lower jurisdictional limits tied to general district court amounts, seven from a panel of at least 13 for other civil cases, and twelve from a panel of at least 20 when the court allows a special jury.
Trimming the panel down to size is a back-and-forth process: starting with the plaintiff, the parties alternate striking one name at a time until the right number remains, and when more than two parties sit on the same side, all the plaintiffs share three strikes among themselves and all the defendants and third-party defendants do the same. If a party refuses or fails to use its full allotment of strikes, the clerk steps in and draws ballots at random to finish the job, after which the other side’s remaining strikes proceed as usual.
The section also carves out an unusual option: with both sides’ consent entered on the record, the plaintiff picks one juror, the defendant picks another, and those two pick a third, forming a three-person jury whose members take the standard juror oath and can reach a binding verdict with only two of the three agreeing.
Frequently Asked Questions
How many jurors sit on a typical Virginia civil jury?
Seven, from a panel of not less than 13, unless the claim falls within the lower jurisdictional limits under § 16.1-77(1), which uses five from a panel of not less than 11, or it is a special jury, which uses 12 from a panel of not less than 20.
How do the parties reduce the panel to the required number?
The parties or their counsel, beginning with the plaintiff, alternately strike off one name from the panel until the remaining number is reduced to the number required for a jury.
What happens if a party refuses to strike its full share of names?
The clerk places ballots bearing the unstricken names in a box and draws out enough to complete that party’s strikes, after which the opposing side’s remaining strikes proceed in the usual manner.
Can the parties agree to a three-person jury instead of the standard number?
Yes. With consent entered of record, the plaintiff selects one juror, the defendant selects another, and the two selected choose a third, and any two of the three concurring may render a verdict.
How are strikes divided when there are multiple plaintiffs or defendants?
All plaintiffs share three strikes between them, and all defendants and third-party defendants share three strikes between them.
Amendment History
Code 1950, § 8-208.21; 1973, c. 439; 1974, c. 611; 1975, c. 578; 1977, c. 617; 1985, c. 188; 2005, c. 356.
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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