                                 CODE OF VIRGINIA

TRIAL; NUMBERS OF JURORS IN CIVIL CASES; HOW JURORS SELECTED FROM PANEL (§
8.01-359)

A. Five persons from a panel of not less than 11 shall constitute a jury in a
civil case when the amount involved exclusive of interest and costs does not
exceed the maximum jurisdictional limits as provided in &#xA7; 16.1-77 (1).
Seven persons from a panel of not less than 13 shall constitute a jury in all
other civil cases except that when a special jury is allowed, 12 persons from a
panel of not less than 20 shall constitute the jury.

B. The parties or their counsel, beginning with the plaintiff, shall alternately
strike off one name from the panel until the number remaining shall be reduced
to the number required for a jury. Where there are more than two parties, all
plaintiffs shall share three strikes between them and all defendants and
third-party defendants shall share three strikes between them.

C. In any case in which there are two or more parties on the same side, if
counsel or the parties are unable to agree on the full number to be stricken,
or, if for any other reason a party or his counsel fails or refuses 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.

D. In any civil case in which the consent of the plaintiff and defendant shall
be entered of record, it shall be lawful for the plaintiff to select one person
who is eligible as a juror and for the defendant to select another, and for the
two so selected to select a third of like qualifications, and the three so
selected shall constitute a jury in the case. They shall take the oath required
of jurors, and hear and determine the issue, and any two concurring shall render
a verdict in like manner and with like effect as a jury of seven.

HISTORY: Code 1950, § 8-208.21; 1973, c. 439; 1974, c. 611; 1975, c. 578; 1977,
c. 617; 1985, c. 188; 2005, c. 356.