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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>74761</law_id><section_number>8.01-360</section_number><catch_line>Additional jurors when trial likely to be protracted</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="8.01">Civil Remedies and Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="11">Juries</unit><unit label="article" level="3" order_by="1" identifier="4">Jury Service</unit></structure><text>
						<section><p>Whenever in the <span class="dictionary">opinion</span> of the <span class="dictionary">court</span> the <span class="dictionary">trial</span> of any criminal or civil case is likely to be a protracted one, the <span class="dictionary">court</span> may direct the selection of additional jurors who shall be drawn from the same source, in the same manner and at the same time as the regular jurors. These additional jurors shall have the same qualifications, and be considered and treated in every respect as regular jurors and be subject to examination and challenge as such jurors. When one additional juror is desired, there shall be drawn three veniremen, and the <span class="dictionary">plaintiff</span> and <span class="dictionary">defendant</span> in a civil case or the Commonwealth and <span class="dictionary">accused</span> in a criminal case shall each be allowed one <span class="dictionary">peremptory challenge</span>. When two or more additional jurors are desired there shall be drawn twice as many <span class="dictionary">venireman</span> as the number of additional jurors desired. The <span class="dictionary">plaintiff</span> and <span class="dictionary">defendant</span> in a civil case or the Commonwealth and <span class="dictionary">accused</span> in a criminal case shall each be allowed one additional <span class="dictionary">peremptory challenge</span> for every two additional jurors. The <span class="dictionary">court</span> shall select, by lot, those jurors to be designated additional jurors. The <span class="dictionary">plaintiff</span> and <span class="dictionary">defendant</span> in a civil case or the Commonwealth and <span class="dictionary">accused</span> in a criminal case shall be advised by the <span class="dictionary">court</span> which jurors are additional jurors at the time the <span class="dictionary">jury</span> is impaneled; however, in no event, shall any juror be made aware of his status as a regular or additional juror until he is excused as a juror. Before final submission of the case, the <span class="dictionary">court</span> shall excuse any additional jurors in <span class="dictionary">order</span> to reduce the number of jurors to that required by &#xA7;&#xA7;&#xA0;<a class="law" title="Trial; numbers of jurors in civil cases; how jurors selected from panel" href="/8.01-359/">8.01-359</a> and <a class="law" title="Waiver of jury trial; numbers of jurors in criminal cases; how jurors selected from panel" href="/19.2-262/">19.2-262</a>.</p></section></text><history>Code 1950, &#xA7; 8-208.22; 1973, c. 439; 1977, c. 617; 1992, c. 536; 1998, c. 279.</history><metadata></metadata></law>
