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1998 SESSION
988405661Be 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. There
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.