§ 8.01-341.1.Exemptions from jury service upon request.

Chapter 11. Juries · Article 2. Jurors · Last amended 2026 · Last verified July 16, 2026

In one sentenceLists categories of people — sole caregivers of young or seriously ill dependents, people over 73, sole essential workers for a business or firefighting agency, certain legislative and election staff during defined periods, overseas service members, and people with a substantially impairing disability — who remain eligible to serve but may request exemption from jury duty.

Full Text of § 8.01-341.1

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Any of the following persons may serve on juries in civil and criminal cases but shall be exempt from jury service upon his request:

1. through 3. [Repealed.]

4. A mariner actually employed in maritime service;

5. through 7. [Repealed.]

8. A person who has legal custody of and is necessarily and personally responsible for (i) a child 16 years of age or younger who requires continuous care by him during normal court hours or (ii) a child under 18 years of age having a serious health condition, including illness, injury, or physical or mental impairment, or a condition requiring continuous care by him during normal court hours, or any mother who is breast-feeding a child;

9. A person, including a familial caretaker, who is necessarily and personally responsible for a person having a serious health condition, including illness, injury, or physical or mental impairment, or a condition requiring continuous care by him during normal court hours. For the purposes of this subdivision, "familial caretaker" includes a family or household member, as that term is defined in § 16.1-228, close family friend, or other adult with a close personal relationship to a person with a serious health condition who provides full-time care to such person;

10. Any person over 73 years of age;

11. Any person whose spouse is summoned to serve on the same jury panel;

12. Any person who is the only person performing services for a business, commercial, or agricultural enterprise and whose services are so essential to the operations of the business, commercial, or agricultural enterprise that such enterprise must close or cease to function if such person is required to perform jury duty;

13. Any person who is the only person performing services for a political subdivision as a firefighter, as defined in § 65.2-102, and whose services are so essential to the operations of the political subdivision that such political subdivision will suffer an undue hardship in carrying out such services if such person is required to perform jury duty;

14. Any person employed by the Office of the Clerk of the House of Delegates, the Office of the Clerk of the Senate, the Division of Legislative Services, and the Division of Legislative Automated Systems; however, this exemption shall apply only to jury service starting (i) during the period beginning 60 days prior to the day any regular session commences and ending 30 days after the day of adjournment of such session and (ii) during the period beginning seven days prior to the day any reconvened or special session commences and ending seven days after the day of adjournment of such session;

15. Any general registrar, member of a local electoral board, or person appointed or employed by either the general registrar or the local electoral board, except officers of election appointed pursuant to Article 5 (§ 24.2-115 et seq.) of Chapter 1 of Title 24.2; however, this exemption shall apply only to jury service starting (i) during the period beginning 90 days prior to any election and continuing through election day, (ii) during the period to ascertain the results of the election and continuing for 10 days after the local electoral board certifies the results of the election under § 24.2-671 or the State Board of Elections certifies the results of the election under § 24.2-679, or (iii) during the period of an election recount or contested election pursuant to Chapter 8 (§ 24.2-800 et seq.) of Title 24.2. Any officer of election shall be exempt from jury service only on election day and during the periods set forth in clauses (ii) and (iii);

16. Any member of the armed services of the United States or the diplomatic service of the United States appointed under the Foreign Service Act (22 U.S.C. § 3901 et seq.) who will be serving outside of the United States at the time of such jury service; and

17. Any person under a disability that substantially impairs the person's ability to perform jury duty.

End

Plain-English Summary

Not everyone who might struggle with jury duty is excused automatically — this section instead lists people who remain eligible to serve but can opt out on request. It covers mariners in maritime service, people over 73, and anyone whose spouse got summoned to the same jury panel.

Caregiving responsibilities feature heavily here. Someone with legal custody of a young child needing continuous care during court hours, a parent of an older child with a serious health condition, a breastfeeding mother, or anyone — including a family caretaker — responsible for a person with a serious health condition can all ask off. So can the sole essential worker keeping a small business, farm, or firefighting operation running, and certain legislative and election staff during defined busy periods around sessions and elections.

The list also reaches service members and diplomats stationed abroad, and anyone whose disability substantially impairs their ability to perform jury duty. Several of the original numbered categories in this section have since been repealed, which is why the surviving subdivisions jump from 4 straight to 8 rather than running in an unbroken sequence.

Frequently Asked Questions

Can a person over 73 be required to serve on a Virginia jury?

They remain eligible, but any person over 73 years of age may request exemption from jury service.

Does having a spouse summoned to the same jury panel excuse a person from service?

Not automatically, but any person whose spouse is summoned to serve on the same jury panel may request exemption.

Is a sole caregiver of a young child automatically excused from jury duty?

No, but a person with legal custody of and personal responsibility for a child 16 or younger requiring continuous care during court hours may request exemption.

Can a small business owner get out of jury duty in Virginia?

They may request exemption if they are the only person performing services for a business, commercial, or agricultural enterprise that must close or cease functioning without them.

Does having a disability automatically exempt someone under this section?

Not automatically, but a person under a disability that substantially impairs their ability to perform jury duty may request exemption.

Amendment History

Code 1970, § 8-208.6:1; 1977, c. 458; 1987, c. 256; 1997, c. 693; 1999, c. 153; 2004, c. 106; 2005, c. 195; 2011, cc. 389, 708; 2012, c. 98; 2024, cc. 71, 72; 2026, cc. 198, 988.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source

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