8.01-359 - Trial; numbers of jurors in civil cases; how jurors selected from panel.
§ 8.01-359. Trial; numbers of jurors in civil cases; how jurors selected frompanel.
A. Five persons from a panel of not less than 11 shall constitute a jury in acivil case when the amount involved exclusive of interest and costs does notexceed the maximum jurisdictional limits as provided in § 16.1-77 (1). Sevenpersons from a panel of not less than 13 shall constitute a jury in all othercivil cases except that when a special jury is allowed, 12 persons from apanel of not less than 20 shall constitute the jury.
B. The parties or their counsel, beginning with the plaintiff, shallalternately strike off one name from the panel until the number remainingshall be reduced to the number required for a jury. Where there are more thantwo parties, all plaintiffs shall share three strikes between them and alldefendants 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, ifcounsel 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 strikeoff the full number of jurors allowed such party, the clerk shall place in abox ballots bearing the names of the jurors whose names have not beenstricken and shall cause to be drawn from the box such number of ballots asmay be necessary to complete the number of strikes allowed the party orparties failing or refusing to strike. Thereafter, if the opposing side isentitled to further strikes, they shall be made in the usual manner.
D. In any civil case in which the consent of the plaintiff and defendantshall be entered of record, it shall be lawful for the plaintiff to selectone person who is eligible as a juror and for the defendant to selectanother, and for the two so selected to select a third of likequalifications, and the three so selected shall constitute a jury in thecase. They shall take the oath required of jurors, and hear and determine theissue, and any two concurring shall render a verdict in like manner and withlike effect as a jury of seven.
(Code 1950, § 8-208.21; 1973, c. 439; 1974, c. 611; 1975, c. 578; 1977, c.617; 1985, c. 188; 2005, c. 356.)