If a juror, after he is sworn, be unable from any cause to perform his duty, the court may, in its discretion, cause another qualified juror to be sworn in his place, and in any case, the court may discharge the jury when it appears that they cannot agree on a verdict or that there is a manifest necessity for such discharge.
§ 8.01-361.New juror may be sworn in place of one disabled; when court may discharge jury.
Chapter 11. Juries · Article 4. Jury Service · Last amended 1977 · Last verified July 16, 2026
In one sentenceAuthorizes a court to swear in a substitute juror if a sworn juror becomes unable to continue serving, and separately gives the court discretion to discharge the entire jury when it cannot reach a verdict or when some other manifest necessity requires it.
Full Text of § 8.01-361
Plain-English Summary
Trials do not always run smoothly from opening to verdict, and this section handles two of the ways they can go sideways. If a sworn juror becomes unable, for any reason, to keep performing their duty, the court has discretion to swear in another qualified juror to take that person’s place, keeping the trial moving rather than starting over.
Separately, the section gives the court authority to discharge the entire jury when it becomes clear the jurors cannot agree on a verdict, or when some other manifest necessity calls for it. Both powers rest with the court’s discretion rather than operating automatically, giving the judge room to weigh whether substitution or discharge better serves the case at hand.
Frequently Asked Questions
What happens if a sworn juror can no longer serve mid-trial?
The court may, in its discretion, cause another qualified juror to be sworn in that juror’s place.
Can a Virginia court dismiss a jury that cannot reach a verdict?
Yes. The court may discharge the jury when it appears that the jurors cannot agree on a verdict.
Is a deadlocked jury the only reason a court can discharge a jury under this section?
No. The court may also discharge the jury when there is a manifest necessity for the discharge.
Is substituting a juror mandatory once one becomes unable to serve?
No. The statute makes it discretionary with the court.
Does a replacement juror need the same qualifications as the original juror?
Yes. The statute requires that the substitute be “another qualified juror.”
Amendment History
Code 1950, § 8-208.23; 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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