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1998 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-360 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-360. Additional jurors when trial likely to be protracted.
Whenever in the opinion of the court the trial of any criminal or civil case is
likely to be a protracted one, the court 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 two
more three veniremen than the number of additional jurors
desired, and the plaintiff and defendant in a civil case or the
Commonwealth and accused in a criminal case shall each be allowed one
peremptory challenge. When two or more additional jurors are desired there
shall be drawn twice as many venireman as the number of additional jurors
desired. The plaintiff and defendant in a civil case or the Commonwealth
and accused in a criminal case shall each be allowed one additional peremptory
challenge for every two additional jurors. The court shall select, by lot,
those jurors to be designated additional jurors. The plaintiff and defendant
in a civil case or the Commonwealth and accused in a criminal case shall be
advised by the court which jurors are additional jurors at the time the jury 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 court shall excuse any additional jurors in order
to reduce the number of jurors to that required by §§ 8.01-359 and
19.2-262.