Virginia Jury Duty Laws: Pay, Exemptions and Employer Rules

Virginia sets the rules for state-court jury service in Chapter 11 of Title 8.01 of the Code of Virginia, starting with the qualifications in Va. Code § 8.01-337. Jurors receive $50 for each day they attend court, a statewide figure set in § 17.1-618.

Your employer may not fire you, take adverse personnel action against you, or make you use sick leave or vacation because you were summoned, as long as you give reasonable notice (§ 18.2-465.1). A person over 73 may ask to be exempted; it is not automatic (§ 8.01-341.1).

Information last verified on October 7, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This page covers trial and grand jury service in Virginia state courts. A summons from a federal court in Virginia follows federal law, summarized on our jury duty laws by state hub.

Do you have to go? The short answer

Yes, unless you are disqualified, exempt, or the court excuses or defers you. A notice to appear as a juror "shall have the effect of an order of court" (§ 8.01-353(A)), so it is not optional.

The Supreme Court of Virginia's juror booklet says to "call the number listed on your summons to discuss your situation" if you feel you cannot serve, and that "The judge decides whether your jury service can be deferred" (Answer Book for Jury Service). To see which category might fit your situation before you call, try our jury duty exemption checker.

Who can serve on a jury in Virginia

Under Va. Code § 8.01-337, "All citizens over 18 years of age who have been residents of the Commonwealth one year, and of the county, city, or town in which they reside six months next preceding their being summoned to serve as such, and competent in other respects, except as hereinafter provided, shall be liable to serve as jurors."

That means three tests: citizenship, age over 18, and residence (one year in Virginia and six months in your county, city or town before the summons). Military personnel stationed in Virginia are not treated as Virginia residents simply because they are stationed here (§ 8.01-337). The sections we reviewed (§§ 8.01-337 through 8.01-342) do not state an English-language requirement.

The same section now adds that "No person shall be deemed incompetent to serve on any jury because of a disability if such person would otherwise be competent to serve if provided reasonable accommodation." Acts 2026, c. 198 broadened that sentence, which previously covered only blindness or partial blindness.

Jury commissioners build the jury list by random selection from a current voter registration list and, where feasible, Department of Motor Vehicles driver's license lists, along with other lists the chief judge of the circuit approves (§ 8.01-345).

Who is disqualified

Under the version of § 8.01-338 in force on the date of this review, "The following persons shall be disqualified from serving as jurors: 1. Persons adjudicated incapacitated; 2. Persons convicted of treason or a felony; or 3. Any other person under a disability as defined in § 8.01-2 and not included in subdivisions 1 or 2 above."

Two other rules can keep you off a particular jury:

• A person who asks a jury commissioner to put his name in the jury box, or has someone ask for him, is not eligible to serve (§ 8.01-339).
• A person who has a matter that has been or is expected to be tried by a jury during a term of court cannot serve as a juror at that same term (§ 8.01-340).

Felony convictions and the 2026 contingent change

Today, § 8.01-338 lists a felony conviction as a disqualification. The Secretary of the Commonwealth's restoration site says anyone convicted of a felony in Virginia loses the right to vote, serve on a jury, run for office, become a notary public and carry a firearm, that the Governor has sole discretion to restore civil rights (not including firearm rights), and that you may apply after release from incarceration. Serving on a jury is one of the rights it lists as restored (Restoration of Rights). If you have a felony conviction and a summons, check whether your rights have been restored and tell the circuit court clerk's office.

The Code of Virginia also shows a second version of § 8.01-338, enacted in 2026, whose subdivision 2 reads only "Persons convicted of treason;". It is labeled "(For contingent effective date, see Acts 2026, cc. 992 and 1081, cl. 3)" (Code of Virginia, § 8.01-338 updates). Clause 3 of both acts says the new version takes effect on January 1, 2027, but only if voters approve the amendments to Article II, Section 1 of the Constitution of Virginia on voter qualifications at the November 3, 2026 general election (SB 162, 2026 Session). Until it does, the felony disqualification above is the law.

That amendment is Ballot Question 3 on the November 3, 2026 ballot, which would restore the right to vote on release from incarceration. The Department of Elections' explanation says that with the right to vote, "a person also has the right to be a juror" (Virginia Department of Elections, Question 3). We will update this page after the vote once we have confirmed the in-force version of § 8.01-338.

Exemptions, excuses and postponements in Virginia

Virginia has three layers: officials who "shall be exempt" under § 8.01-341, people who may serve but are exempt on request under § 8.01-341.1, and a court-discretion deferral for occupational inconvenience under § 8.01-341.2.

Officials exempt under § 8.01-341

Section 8.01-341 says the listed officials "shall be exempt from serving on juries in civil and criminal cases," without the "upon his request" language used in the next section. The code does not say how an exempt official should tell the court, so if you hold one of these positions, contact the jury office on your summons.

Exemptions on request under § 8.01-341.1

Section 8.01-341.1 opens: "Any of the following persons may serve on juries in civil and criminal cases but shall be exempt from jury service upon his request." Nothing happens unless you ask. The statute does not state what documentation you need, so ask the jury office what it wants when you call the number on your summons.

The 2026 General Assembly amended this section (Acts 2026, cc. 198 and 988); the list above reflects the text on the Code of Virginia site as of October 7, 2026. One of the listed grounds is "Any person under a disability that substantially impairs the person's ability to perform jury duty."

Age: the over-73 exemption

The only age-based rule we found in §§ 8.01-337 through 8.01-342 is subdivision 10 of § 8.01-341.1: "Any person over 73 years of age". It is an exemption on request, not an automatic age-out, and those sections set no maximum age at which a person stops being qualified. If you are over 73 and do not want to serve, call the number on your summons and ask.

Military service members

Members of the armed services serving outside the United States may ask to be exempted (§ 8.01-341.1). Active National Guard officers and members are exempt on presenting a certificate of membership signed by their commanding officer to the clerk (§ 44-94).

Separately, federal law says an active-duty member of the armed forces may not be required to serve on a state or local jury if the member's branch Secretary determines that service would unreasonably interfere with military duties or adversely affect unit readiness, and that determination is conclusive (10 U.S.C. § 982). Ask your command about it if that applies to you.

Deferral for occupational inconvenience and hardship

Under § 8.01-341.2, the court, on your request or on its own motion, may exempt you for a particular term or limit your service to particular dates when serving would cause a "particular occupational inconvenience." The statute names a full-time student at an accredited public or private institution of higher education who is attending classes during the term and a person with legal custody of a child 16 or younger who needs continuous care.

This only postpones service: a person exempted under this section "shall not be discharged from his obligation to serve on a jury, but such obligation shall only be deferred until the term of court next after such particular occupational inconvenience ends." The statute does not cap how many times service can be deferred.

The juror booklet sets expectations plainly. A deferral is "done only in cases of extreme hardship or need," and "You won't be excused because your jury service is inconvenient," although a physical ailment can be a reason and the court may excuse you on specific days you have a conflict (Answer Book for Jury Service).

How much does jury duty pay in Virginia?

Under Va. Code § 17.1-618, "Every person summoned as a juror in a civil or criminal case shall be entitled to $50 for each day of attendance upon the court for expenses of travel incident to jury service and other necessary and reasonable costs as the court may direct."

The statute sets the $50 figure itself, and we did not find a provision letting localities pay a different rate. We did not check individual circuit court pages, so ask your court's jury office how and when it pays. The juror booklet says only that you are paid "in an amount set by the state legislature for attendance for each day you must report to the courthouse."

Virginia employer rules for jury duty

Your job is protected

Va. Code § 18.2-465.1 says a person summoned to serve on jury duty "shall neither be discharged from employment, nor have any adverse personnel action taken against him, nor shall he be required to use sick leave or vacation time, as a result of his absence from employment due to such jury duty or court appearance, upon giving reasonable notice to his employer of such court appearance or summons."

Three points matter. The protection covers any adverse personnel action, not only firing. Your employer cannot force you to burn sick or vacation days for the absence. And the protection depends on giving your employer reasonable notice, so tell your employer as soon as the summons arrives. The section states no minimum employer size and no full-time requirement.

Evening and overnight shifts

"No person who is summoned and appears for jury duty for four or more hours, including travel time, in one day shall be required to start any work shift that begins on or after 5:00 p.m. on the day of his appearance for jury duty or begins before 3:00 a.m. on the day following the day of his appearance for jury duty" (§ 18.2-465.1).

Does your employer have to pay you?

Virginia's jury statutes do not require private employers to keep paying you while you serve; § 18.2-465.1 protects your job and your leave balances, not your wages. The juror booklet says "Many employers will continue to pay your salary while you are in jury service. Contact your employer to find out what the policy is at your job" (Answer Book for Jury Service). Classified Virginia state employees covered by the Department of Human Resource Management's Policy 4.05 receive paid civil leave for a jury summons and may keep the circuit court juror payment, which the policy treats as expense reimbursement. Hourly wage employees are not covered by that paid leave but should be released from work to serve (DHRM Policy 4.05). School and local government employees should check their employer's leave rules.

If your employer violates the law

"Any employer violating the provisions of this section is guilty of a Class 3 misdemeanor" (§ 18.2-465.1). That criminal penalty is the only remedy the section states: it does not itself provide for damages or reinstatement. If you were fired or disciplined over jury duty, talk to a Virginia employment lawyer about whether other law gives you a claim. For how this rule fits with other limits on firing, see our page on Virginia at-will employment laws.

What happens if you miss jury duty in Virginia

A notice to jurors is given by the sheriff and has the effect of a court order. The court may excuse a juror who claims he did not receive sufficient notice (§ 8.01-353).

Under § 8.01-356, "If any juror who has been given due notice to appear in court shall fail to do so without sufficient excuse, he shall be fined not less than $50 nor more than $200." The statute does not say whether paying the fine ends your obligation to serve. The Supreme Court's booklet adds: "The summons to jury service is an official court summons. If you do not respond, you could be held in contempt of court!"

If you missed your date, call the court's jury office or the circuit court clerk right away and explain what happened. The court decides whether your excuse is sufficient.

How long jury duty lasts in Virginia

"Jurors serve for one term of court. Depending on where you live, your term may be up to four months. Your summons will indicate the length and exact dates of the term you will serve" (Answer Book for Jury Service). The booklet tells jurors to report to the court at the date and time on the summons.

After you serve, there is a three-year gap. Jury commissioners may not put on the jury list "the name of any person who has been called and reported to any state court for jury duty at any time during the period of three years next preceding the date of completion of such jury list" (§ 8.01-342). A person who reported for a trial at one term may not serve at another term of that court during those three years unless every name in the jury box has been drawn; special juries and grand juries are treated differently under § 8.01-342.

How to respond to a Virginia jury summons

Jury service is run by each local circuit court, so the summons in your hand is the controlling document. We did not find a single statewide online juror portal on the Supreme Court of Virginia's website. The steps that apply statewide:

1. Read your summons for the court, your term dates and the phone number or instructions for responding.
2. If you hold an office listed in § 8.01-341, or want to claim an exemption on request under § 8.01-341.1, contact the court using the number on the summons before your report date.
3. If you need a deferral because of hardship or an occupational inconvenience, call the number on the summons; the judge decides (§ 8.01-341.2).
4. If you are in the National Guard, present your commanding officer's certificate of membership to the clerk (§ 44-94).
5. Treat your report date as firm until the court confirms its decision.

The Supreme Court of Virginia's Circuit Court page links to the Answer Book for Jury Service, a handbook for grand jurors and a juror orientation video.

Watch for jury duty scam calls

The Office of the Executive Secretary of the Supreme Court of Virginia warns that these schemes "often claim that you: Missed jury duty," and that the court will never "Call, text, or email you to demand immediate payment over the phone or by electronic means or demand personally identifying information like your social security number or date of birth." It adds that the courts will not threaten arrest or ask for payment by gift card, wire transfer, payment app or cryptocurrency, and that "Legitimate court communications are typically delivered by mail or in person" (Public Warning: Court-Related Scams).

If someone contacts you demanding payment for a missed summons, hang up and call the clerk's office using contact information you have verified yourself. Our guide to government impersonation scams explains how these schemes work, and our page on Virginia scam and fraud laws covers where to report.

Recent changes

The 2026 General Assembly passed several acts touching Virginia's jury sections: c. 198 (broadening the reasonable-accommodation sentence in § 8.01-337 from blindness to any disability, and adding the disability exemption in § 8.01-341.1), c. 117 (§ 8.01-341), c. 988 (§ 8.01-341.1), and cc. 992 and 1081 (the contingent version of § 8.01-338 described above). This page reflects the text shown on the Code of Virginia site as of October 7, 2026. The $50 daily juror allowance in § 17.1-618 was last amended in 2023.

Disclaimer: This page is general legal information about Virginia jury service, not legal advice. The court that summoned you decides every exemption, excuse and deferral request. Information verified October 7, 2026. For questions about your summons, contact the jury office or circuit court clerk listed on it; for an employment dispute, consult a lawyer licensed in Virginia.

Related pages

• Jury duty laws by state
• Virginia at-will employment laws
• Virginia court records
• Virginia scam and fraud laws
• Maryland jury duty laws
• District of Columbia jury duty laws

Last updated: October 7, 2026.

Frequently Asked Questions

How much does jury duty pay in Virginia?

Virginia jurors receive $50 for each day of attendance in a civil or criminal case, which the statute describes as covering travel and other necessary and reasonable costs as the court may direct (Va. Code § 17.1-618). Jurors kept together overnight are also furnished board and lodging.

Can I get out of jury duty in Virginia if I am over 73?

A person over 73 may ask to be exempted under Va. Code § 8.01-341.1(10). It is not automatic: you must make the request, usually by calling the number on your summons.

Does my employer have to pay me for jury duty in Virginia?

Virginia's jury statutes do not require private employers to pay you while you serve, though the Supreme Court of Virginia's juror booklet says many employers do. Your employer also cannot make you use sick leave or vacation for the absence (Va. Code § 18.2-465.1). Classified state employees get paid civil leave for a jury summons under DHRM Policy 4.05; school and local government employees should check their employer's leave rules.

Can I be fired for jury duty in Virginia?

No, if you give your employer reasonable notice. Va. Code § 18.2-465.1 bars discharge or any adverse personnel action because of jury duty, and an employer who violates it is guilty of a Class 3 misdemeanor.

Do I have to work a night shift after jury duty in Virginia?

Not if you appeared for four or more hours that day, counting travel time. Your employer cannot require you to start a shift that begins at or after 5:00 p.m. that day or before 3:00 a.m. the next day (Va. Code § 18.2-465.1).

What happens if I miss jury duty in Virginia?

A juror given due notice who fails to appear without sufficient excuse is fined $50 to $200 (Va. Code § 8.01-356), and the court's juror booklet warns you could be held in contempt of court. Call the jury office on your summons right away.

How do I get excused from jury duty in Virginia?

Call the number on your summons. People on the § 8.01-341.1 list, such as caregivers of young children, breast-feeding mothers and people over 73, are exempt on request, and the court may defer anyone for an occupational inconvenience under § 8.01-341.2. The court's booklet says inconvenience alone is not enough and the judge decides.

How long is jury duty in Virginia?

Jurors serve one term of court, which can be up to four months depending on the locality, and your summons gives the exact dates. After you report, you are kept off the jury list for three years (Va. Code § 8.01-342).

Can a felon serve on a jury in Virginia?

Not unless your civil rights have been restored. The version of Va. Code § 8.01-338 in force as of October 7, 2026 disqualifies persons convicted of treason or a felony, but the Governor can restore civil rights, including the right to serve on a jury, after release from incarceration. A second version enacted in 2026 lists only treason, which takes effect January 1, 2027 only if voters approve the voting-rights constitutional amendment on November 3, 2026.