In any case in which qualified jurors who are not exempt from serving and who the judge is satisfied can render a fair and impartial trial cannot be conveniently found in the county or city in which the trial is to be, the court may cause so many jurors as may be necessary to be summoned from any other county or city by the sheriff thereof, or by its own officer, from a list prepared pursuant to Article 3 (§ 8.01-343 et seq.) of this chapter and furnished by the circuit court of the county or city from which the jurors are to be summoned.
§ 8.01-363.When impartial jury cannot be obtained locally.
Chapter 11. Juries · Article 4. Jury Service · Last amended 1977 · Last verified July 16, 2026
In one sentenceAllows a court that cannot conveniently find enough impartial, qualified jurors locally to summon jurors from another county or city, drawing on that jurisdiction’s own jury list prepared under Article 3 and using either its sheriff or the trial court’s own officer to bring them in.
Full Text of § 8.01-363
Plain-English Summary
Sometimes the local jury pool cannot deliver a fair trial, whether because of pretrial publicity, community ties to the case, or something else that makes impartiality hard to find nearby. This section lets a court reach outside its own county or city when qualified, non-exempt jurors capable of a fair and impartial trial cannot be conveniently found close to home.
The court does not build a new list from scratch to fix the problem — it draws on a list already prepared under the jury-commissioner process in Article 3 and furnished by the circuit court of the county or city supplying the jurors, then has those jurors brought in either by that locality’s sheriff or by the trial court’s own officer.
Frequently Asked Questions
When can a Virginia court summon jurors from outside its own county or city?
When qualified jurors who are not exempt from serving, and who the judge is satisfied can render a fair and impartial trial, cannot be conveniently found in the county or city where the trial is to be held.
Where do the out-of-jurisdiction jurors come from?
From a list prepared pursuant to Article 3 of this chapter and furnished by the circuit court of the county or city from which the jurors are summoned.
Who brings in jurors summoned from another locality?
The sheriff of that other county or city, or the trial court’s own officer.
Does this section create a different qualification standard for jurors from another locality?
No. They come from that locality’s list prepared under the same Article 3 procedures used to build any jury list.
Is this mechanism limited to civil cases?
The text does not limit it by case type; it applies generally to any case in which an impartial local jury cannot be conveniently found.
Amendment History
Code 1950, § 8-208.26; 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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