At the outset of jury selection in any civil or criminal case, the court must deliver preliminary instructions that: (1) explain the purpose of the voir dire examination, (2) explain the difference between peremptory challenges and removals for cause, (3) summarize the nature of the case, (4) estimate how long the trial may last, and (5) indicate whether it is anticipated that the jury will be sequestered.
Rule 1:21.Preliminary Voir Dire Information.
Part One: General Rules Applicable to All Proceedings · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 1:21 requires the trial court, at the outset of jury selection in any civil or criminal case, to give preliminary instructions explaining the purpose of voir dire, the difference between peremptory and for-cause challenges, the nature of the case, the estimated trial length, and whether the jury might be sequestered.
Full Text of Rule 1:21
Plain-English Summary
Rule 1:21 requires a short set of preliminary instructions before jury selection begins, in both civil and criminal cases. The court must explain the purpose of the voir dire examination and explain the difference between peremptory challenges and removals for cause.
The court must also summarize the nature of the case, estimate how long the trial may last, and indicate whether the jury is expected to be sequestered. Giving jurors this orientation before questioning starts helps them understand why they are being asked personal questions in open court.
Frequently Asked Questions
What must a Virginia judge tell prospective jurors before voir dire begins?
Under Rule 1:21, the court must explain the purpose of voir dire, explain the difference between peremptory challenges and removals for cause, summarize the nature of the case, estimate the trial’s length, and say whether the jury may be sequestered.
Does Rule 1:21 apply to both civil and criminal cases?
Yes. The rule applies at the outset of jury selection in any civil or criminal case.
What is the difference between a peremptory challenge and a challenge for cause?
Rule 1:21 requires the court to explain that difference to prospective jurors as part of the preliminary instructions, though the rule itself does not define the two terms.
Does the court have to tell jurors how long the trial will last?
Yes. Rule 1:21 requires the court to estimate how long the trial may last as part of its preliminary voir dire instructions.
When during jury selection does the court give these instructions?
At the outset — Rule 1:21 requires the preliminary instructions to be delivered at the start of the voir dire process, before questioning begins.
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as: voir dire instructions Virginiajury selection preliminary instructions VirginiaRule 1:21 Virginiaperemptory challenge versus for cause Virginiajury sequestration voir dire Virginia