Virginia jury duty exemptions fall into two groups: a short list of officials, attorneys, judges, and law enforcement personnel who are automatically excused, and a broader list of people, including anyone over 73, primary caregivers, sole business operators, and active-duty military, who can be excused only if they ask. If you fit the second group, you have to submit a request to the Clerk of the Circuit Court that sent your summons; ignoring the summons because you assume you qualify is not protection.
Who Is Automatically Exempt
Virginia Code § 8.01-341 lists the people who cannot be placed on a jury list at all, in civil or criminal cases:
- The President and Vice President of the United States
- The Governor, Lieutenant Governor, and Attorney General of Virginia
- Members of Congress and members of the General Assembly, during sessions or when entitled to a legislative continuance
- Licensed practicing attorneys
- Judges of any court, State Corporation Commission members, Virginia Workers’ Compensation Commission members, and magistrates
- Sheriffs, deputy sheriffs, state police, and municipal and county police officers
- The superintendent of the penitentiary along with assistants and guards, and superintendents and jail officers of regional jails
- Elected circuit court clerks and their deputies
People often assume active-duty military members, physicians, and dentists belong here. They do not. Military members have a separate opt-in exemption covered below, and physicians and dentists are not listed in any current Virginia jury exemption statute.
Who Can Be Excused on Request
Virginia Code § 8.01-341.1 covers people who remain in the jury pool but can opt out by submitting a request. This is where most Virginians who want out of jury service will actually fit:
- Anyone currently employed in maritime service
- A person with legal custody who is personally responsible for a child age 16 or younger needing continuous care during court hours
- Breastfeeding mothers, under the same caregiver provision
- A person personally responsible for someone with a physical or mental impairment who requires continuous care during court hours
- Persons over age 73
- Spouses summoned to the same jury panel (either may request exemption)
- A person who is the only one performing services for a business, commercial, or agricultural enterprise that would have to shut down without them
- A person who is the only one providing firefighting services for a political subdivision, where their absence would cause undue hardship
- Employees of certain General Assembly offices, but only during periods surrounding legislative sessions
- General registrars, electoral board members, and their appointees, but only during periods surrounding elections and result certifications
- Members of the U.S. military on active duty
The “upon request” language is the whole point of the statute. Falling into one of these categories does not automatically remove you from the jury pool. You have to contact the court and ask.
Deferrals When No Exemption Fits
If none of the exemption categories apply but you have a real scheduling conflict, Virginia Code § 8.01-341.2 allows a deferral. This is not an excuse from service. Your obligation carries over to the next court term after the conflict ends.
3Virginia Code Commission. Virginia Code 8.01-341.2 – Deferral or Limitation of Jury Service for Particular Occupational Inconvenience or for Persons Who Have Legal Custody and Are Responsible for a ChildThe statute defines “occupational inconvenience” broadly enough to include two situations beyond traditional employment: full-time students at accredited colleges or universities with classes during the court term, and custodial parents responsible for a child age 16 or younger who needs continuous care during court hours. Judges can also limit your service to specific dates within the term rather than deferring the whole obligation.
What the statute does not cover is ordinary inconvenience. A busy work schedule or a preference not to serve will not get a deferral. The judge has final say, and the standard is genuine hardship.
How to Request an Exemption or Deferral
Your summons will include a phone number for the clerk’s office and instructions for responding. Whatever your reason, the first step is to contact the Clerk of the Circuit Court for the jurisdiction that issued the summons. Most courts accept requests by phone, by mail, or through a secure online portal.
For an age-based exemption, a written statement confirming you are over 73 is usually enough. Caregivers should be ready to describe the care situation and may be asked for documentation. If a medical condition prevents service, a note from your doctor explaining why is standard practice. For an occupational conflict, be specific about the nature of the hardship and the dates involved.
Respond as soon as you can. Waiting until the morning you are supposed to appear looks like avoidance and makes it harder for the court to plan. If you reach out early and your situation fits a recognized category, most courts handle the request without requiring you to appear in person.
The Three-Year Bar on Being Called Again
Virginia Code § 8.01-342 keeps the court system from cycling you back through jury service too fast. If you were summoned and actually reported, your name cannot appear on a new jury list for three years from the date that list was compiled. Within the same court, you also cannot be called for another term inside that three-year window unless every other eligible person in the jury box has already been called.
4Virginia Code Commission. Virginia Code 8.01-342 – Restrictions on Amount of Jury Service PermittedThe protection depends on having reported, not just having been summoned. If you received a summons but were excused before ever appearing, the three-year clock likely did not start.
What Happens If You Just Don’t Show Up
Ignoring a summons without getting excused first carries a mandatory fine. Under Virginia Code § 8.01-356, a person who receives proper notice and fails to appear without a sufficient excuse faces a fine between $50 and $200.
5Virginia Code Commission. Virginia Code 8.01-356 – Failure of Juror to AppearThe statute is short and imposes the fine without mentioning contempt or jail time. In practice, courts often send a letter or show-cause order asking you to explain your absence before assessing the fine, but a judge is not required to give you that chance. Responding to the summons, even if only to request an exemption or deferral, is the simplest way to avoid the penalty.
Federal Jury Duty Is a Separate System
A Virginia state exemption does not carry over to federal court. Residents can also be summoned for federal jury service in the Eastern or Western District of Virginia, which runs under its own rules. Federal qualification requires U.S. citizenship, age 18 or older, the ability to read, write, and speak English, one year in the judicial district, and no felony conviction with unrestored civil rights.
The consequences for ignoring a federal summons are steeper than in state court. Under 28 U.S.C. § 1866, a person who fails to appear without good cause can be fined up to $1,000, imprisoned for up to three days, ordered to perform community service, or hit with any combination of those penalties.
6Office of the Law Revision Counsel. 28 USC 1866 – Selection and Summoning of Jury PanelsActive-duty military members called for federal jury service may also postpone proceedings under the Servicemembers Civil Relief Act, which provides a mandatory stay of at least 90 days when military duties prevent appearance.