{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-262.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-262.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-262.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-262.html"}],"law_id":70670,"edition_id":1,"section_id":70670,"structure_id":14851,"section_number":"19.2-262","catch_line":"Waiver of jury trial; numbers of jurors in criminal cases; how jurors selected from panel","history":"Code 1950, \u00a7 8-208.21; 1973, c. 439; 1974, c. 611; 1975, cc. 495, 578; 1979, c. 230; 1997, cc. 516, 518; 2005, c. 356.","full_text":"A\n\nIn any criminal case in which trial by jury is dispensed with as provided by law, the whole matter of law and fact shall be heard and judgment given by the court. In appeals from juvenile and domestic relations district courts, the infant, through his guardian ad litem or counsel, may waive a jury.B\n\nTwelve persons from a panel of not less than 20 shall constitute a jury in a felony case. Seven persons from a panel of not less than 13 shall constitute a jury in a misdemeanor case.C\n\nThe parties or their counsel, beginning with the attorney for the Commonwealth, shall alternately strike off one name from the panel until the number remaining shall be reduced to the number required for a jury.D\n\nIn any case in which persons indicted for felony are tried jointly, if counsel or the accused are unable to agree on the full number to be stricken, or, if for any other reason counsel or the accused fail or refuse 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.","order_by":null,"text":{"0":{"id":254939,"text":"In any criminal case in which trial by jury is dispensed with as provided by law, the whole matter of law and fact shall be heard and judgment given by the court. In appeals from juvenile and domestic relations district courts, the infant, through his guardian ad litem or counsel, may waive a jury.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":254940,"text":"Twelve persons from a panel of not less than 20 shall constitute a jury in a felony case. Seven persons from a panel of not less than 13 shall constitute a jury in a misdemeanor case.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":254941,"text":"The parties or their counsel, beginning with the attorney for the Commonwealth, shall alternately strike off one name from the panel until the number remaining shall be reduced to the number required for a jury.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":254942,"text":"In any case in which persons indicted for felony are tried jointly, if counsel or the accused are unable to agree on the full number to be stricken, or, if for any other reason counsel or the accused fail or refuse 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14851,"edition_id":1,"name":"Trial by Jury","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12803,"metadata":{},"date_created":"2026-06-26 03:50:24","date_modified":"2026-06-26 03:50:24","permalink":{"id":169099,"object_type":"structure","relational_id":14851,"identifier":"4","token":"19.2\/15\/4","url":"\/19.2\/15\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12803,"edition_id":1,"name":"Trial and Its Incidents","identifier":"15","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168975,"object_type":"structure","relational_id":12803,"identifier":"15","token":"19.2\/15","url":"\/19.2\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60834,"structure_id":14851,"section_number":"19.2-260","catch_line":"Provisions of Title 8.01 apply except as provided in this article","url":"\/19.2-260\/","token":"19.2\/15\/4\/19.2-260","metadata":false},{"id":72916,"structure_id":14851,"section_number":"19.2-261","catch_line":"Charging grand jury in presence of person selected as juror","url":"\/19.2-261\/","token":"19.2\/15\/4\/19.2-261","metadata":false},{"id":70670,"structure_id":14851,"section_number":"19.2-262","catch_line":"Waiver of jury trial; numbers of jurors in criminal cases; how jurors selected from panel","url":"\/19.2-262\/","token":"19.2\/15\/4\/19.2-262","metadata":false},{"id":62305,"structure_id":14851,"section_number":"19.2-262.01","catch_line":"Voir dire examination of persons called as jurors","url":"\/19.2-262.01\/","token":"19.2\/15\/4\/19.2-262.01","metadata":false},{"id":81344,"structure_id":14851,"section_number":"19.2-262.1","catch_line":"Joinder of defendants","url":"\/19.2-262.1\/","token":"19.2\/15\/4\/19.2-262.1","metadata":false},{"id":61285,"structure_id":14851,"section_number":"19.2-263","catch_line":"Repealed","url":"\/19.2-263\/","token":"19.2\/15\/4\/19.2-263","metadata":false},{"id":77342,"structure_id":14851,"section_number":"19.2-263.1","catch_line":"Contact between judge and juror prohibited","url":"\/19.2-263.1\/","token":"19.2\/15\/4\/19.2-263.1","metadata":false},{"id":86905,"structure_id":14851,"section_number":"19.2-263.2","catch_line":"Jury instructions","url":"\/19.2-263.2\/","token":"19.2\/15\/4\/19.2-263.2","metadata":false},{"id":84807,"structure_id":14851,"section_number":"19.2-263.3","catch_line":"Juror information confidential","url":"\/19.2-263.3\/","token":"19.2\/15\/4\/19.2-263.3","metadata":false},{"id":56765,"structure_id":14851,"section_number":"19.2-264","catch_line":"When jury need not be kept together in felony case; sufficient compliance with requirement that jury be kept together","url":"\/19.2-264\/","token":"19.2\/15\/4\/19.2-264","metadata":false},{"id":62596,"structure_id":14851,"section_number":"19.2-264.1","catch_line":"Views by juries","url":"\/19.2-264.1\/","token":"19.2\/15\/4\/19.2-264.1","metadata":false}],"previous_section":{"id":72916,"structure_id":14851,"section_number":"19.2-261","catch_line":"Charging grand jury in presence of person selected as juror","url":"\/19.2-261\/","token":"19.2\/15\/4\/19.2-261","metadata":false},"next_section":{"id":62305,"structure_id":14851,"section_number":"19.2-262.01","catch_line":"Voir dire examination of persons called as jurors","url":"\/19.2-262.01\/","token":"19.2\/15\/4\/19.2-262.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-262\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 439; in 1974, chapter 611; in 1975, chapters 495 and 578; in 1979, chapter 230; in 1997, chapters 516<\/a> and 518<\/a>; in 2005, chapter 356<\/a>.<\/p>","references":[{"id":74761,"section_number":"8.01-360","catch_line":"Additional jurors when trial likely to be protracted","order_by":null,"url":"\/8.01-360\/"}],"refers_to":false,"permalink":{"id":169109,"object_type":"law","relational_id":70670,"identifier":"19.2-262","token":"19.2\/15\/4\/19.2-262","url":"\/19.2-262\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-262\/","token":"19.2\/15\/4\/19.2-262","dublin_core":{"Title":"Waiver of jury trial; numbers of jurors in criminal cases; how jurors selected from panel","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-262","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any criminal case in which trial<\/span> by jury<\/span> is dispensed with as provided by law<\/span>, the whole matter of law<\/span> and fact<\/span> shall be heard and judgment<\/span> given by the court<\/span>. In appeals<\/span> from juvenile and domestic relations district courts<\/span>, the infant, through his guardian ad litem<\/span> or counsel<\/span>, may waive<\/span> a jury<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Twelve persons from a panel<\/span> of not less than 20 shall constitute a jury<\/span> in a felony<\/span> case. Seven persons from a panel<\/span> of not less than 13 shall constitute a jury<\/span> in a misdemeanor<\/span> case. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The parties or their counsel<\/span>, beginning with the attorney for the Commonwealth, shall alternately strike off one name from the panel<\/span> until the number remaining shall be reduced to the number required for a jury<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In any case in which persons indicted for felony<\/span> are tried jointly, if counsel<\/span> or the accused<\/span> are unable to agree on the full number to be stricken, or, if for any other reason counsel<\/span> or the accused<\/span> fail or refuse to strike off the full number of jurors allowed such party<\/span>, 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<\/span> 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWAIVER OF JURY TRIAL; NUMBERS OF JURORS IN CRIMINAL CASES; HOW JURORS SELECTED\nFROM PANEL (\u00a7 19.2-262)\n\nA. In any criminal case in which trial by jury is dispensed with as provided by\nlaw, the whole matter of law and fact shall be heard and judgment given by the\ncourt. In appeals from juvenile and domestic relations district courts, the\ninfant, through his guardian ad litem or counsel, may waive a jury.\n\nB. Twelve persons from a panel of not less than 20 shall constitute a jury in a\nfelony case. Seven persons from a panel of not less than 13 shall constitute a\njury in a misdemeanor case.\n\nC. The parties or their counsel, beginning with the attorney for the\nCommonwealth, shall alternately strike off one name from the panel until the\nnumber remaining shall be reduced to the number required for a jury.\n\nD. In any case in which persons indicted for felony are tried jointly, if\ncounsel or the accused are unable to agree on the full number to be stricken,\nor, if for any other reason counsel or the accused fail or refuse to strike off\nthe full number of jurors allowed such party, the clerk shall place in a box\nballots bearing the names of the jurors whose names have not been stricken and\nshall cause to be drawn from the box such number of ballots as may be necessary\nto complete the number of strikes allowed the party or parties failing or\nrefusing to strike. Thereafter, if the opposing side is entitled to further\nstrikes, they shall be made in the usual manner.\n\nHISTORY: Code 1950, \u00a7 8-208.21; 1973, c. 439; 1974, c. 611; 1975, cc. 495, 578;\n1979, c. 230; 1997, cc. 516, 518; 2005, c. 356.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}