Smyth County, Virginia
Smyth County residents who are at least 18 years of age may be called
upon for jury duty to hear criminal and/or civil cases, including
commitment appeals from the state hospital. Potential jurors are
selected randomly using a list from the Department of Motor Vehicles and
voter registration lists. Jurors typically serve for a whole term of
court, which roughly lasts about three months. After a citizen
serves as a juror in a Virginia state court, they are exempt from
serving again for the next three years in any Virginia state court.
Frequently Asked Questions
Am I
required to report for jury duty?
If you fail to respond to
a summons for jury duty, you may be found guilty of contempt of court.
Who is exempt from jury service?
The
limited number of people who are automatically exempt from jury service
are listed in §8.01-341 of the Code of Virginia.
https://law.lis.virginia.gov/vacode/title8.01/chapter11/section8.01-341/
Those persons who may be granted an exemption upon their
request are listed in §8.01-341.1 of the Code of Virginia.
https://law.lis.virginia.gov/vacode/title8.01/chapter11/section8.01-341.1/
Those persons who may seek a deferral of their jury service to
the next term of court are listed in §8.01-341.2 of the Code of
Virginia.
https://law.lis.virginia.gov/vacode/title8.01/chapter11/section8.01-341.2/
Persons who have reported as a juror in a Virginia state court in
the preceding three years are ineligible to serve until three years pass
from that prior service. This restriction does not apply to jury
service in any federal court.
How was I selected for
jury service?
Once a year, approximately 1,500 citizens of
Smyth County are randomly selected from lists from the Department of
Motor Vehicles and the voter registration list to receive a jury
questionnaire. When these questionnaires are returned to the Clerk’s
Office, either online or by mail, they are reviewed by jury
commissioners who determine which citizens are qualified to serve as
jurors. Those who qualify make up the master jury list for the
following calendar year. Men and women over 18 years of age and from
all walks of life have an equal opportunity to be called for jury
service.
Will I be reimbursed for serving on jury duty?
You will be paid $30 for each day you must report to the
courthouse. This amount is set by statute and is considered
reimbursement for your travel and other expenses. Jurors can
expect their checks to arrive in the mail approximately two weeks after
the conclusion of their term of service.
How long will I
be on jury duty?
Jurors summoned for jury service are on
call for a term of court that lasts roughly three months.
How will I know if and when to report for duty?
The
jury information line (781-0340) is updated by 5:00 pm every Thursday
with a recorded voice message containing the following week’s
anticipated court schedule. During their term of service, jurors
must call weekly to determine whether or not they are required to appear
the following week. If they are required to report, jurors should
call the jury information line the night before their trial to verify
whether it is still scheduled to proceed, as well as the morning of
their expected trial.
As a supplement to the jury information
line, the Clerk’s Office staff will send notices by text and/or email to
any juror who provides such contact information. While texts and
emails are convenient, they are not always reliable. Accordingly,
the fail-safe is the recorded jury information line (781-0340).
What about my job?
Your employer cannot fire,
demote, or otherwise penalize you for missing work while performing jury
duty, nor force you to take vacation, sick or personal time to do so.
As soon as practical, alert your employer about any upcoming jury
service, and learn your employer's policy with regard to payment of
wages/salary while serving as a juror. Many employers may continue
to pay your salary while you are on jury duty.
What if an unexpected emergency keeps me from coming to the courthouse?
It is very important that all jurors report each day that
they are called to do so, and that they arrive on time. Your absence
may delay a trial and result in hardship on the participants or cause
unnecessary costs to be borne by the litigants. If you have an
emergency (sudden illness or a death in the family), immediately call
the Clerk's Office at 782-4044.
How should I dress?
You should wear comfortable, but appropriate attire.
Casual clothes such as t-shirts, shorts, halter-tops, or other clothes
that expose one’s midriff are not considered appropriate. Please keep
in mind that the temperature in our courtroom is sometimes cool, so
please dress accordingly.
What items can I bring to the
courthouse with me?
You will need to bring a photo ID with
you, and you will be permitted to bring a hand-held purse (sometimes
called a clinch purse), a book, crossword puzzles, or something else
that can be done quietly.
What items are prohibited in
the courtroom?
You will not be allowed to enter with
cellphones, backpacks, larger pocketbooks, pocketbooks with any strap or
cording attached, knives (even pocket knives), knitting needles and
other sharp objects, electronic games and devices. Please know that all
persons seeking to enter the courthouse are subject to being searched.
Is there anything I can do to make my jury service more
comfortable?
Yes. While efforts are made to reduce delay
and avoid waiting time, you may have to sit for some time before you
know whether you have been chosen to actually sit on a jury. Consider
bringing with you a book, crossword puzzle, or something else that can
be done quietly while waiting. Electronic games and devices are
not permitted.
How long will I be in court?
It is impossible to predict how long a trial will last, but the vast
majority of trials are completed in one day. You will usually be given
a lunch break. If you find that you need a break at another time,
please notify a clerk or bailiff.
Is it possible that I
might report for jury duty, but not actually sit on a jury?
There are times when you will report for jury duty only to find that you
are released early. While we try to avoid having any juror appear when
not needed, it is sometimes impossible to know beforehand.
Nonetheless, if this happens, you are still entitled to payment in the
amount of $30.
What is the Grand Jury?
In
contrast to the function of juries described above, which are officially
called “petit juries” or trial juries, a grand jury does not hear both
sides of a case and does not determine guilt or innocence.
Instead, a grand jury determines only whether there is “probable cause”
to believe that a person committed a crime. A grand jury is
composed of five to seven citizens of Smyth County, and grand jurors are
required by law to keep secret its proceedings. A grand jury
convenes on the first day of each term of court, which in Smyth County
occurs four times each year on the following days: on the fourth
Tuesdays of March, June, and September, and on the second Tuesday of
December.
A thorough handbook for grand jurors is available
here:
http://www.courts.state.va.us/courts/circuit/handbook_grand_jurors.pdf
Juror Orientation Videos
-Click here to view this video about jury service
in Smyth County:
https://youtu.be/MfcS3L_fIx4
-Click here to
view this video about jury service in Virginia, produced by the Supreme
Court of Virginia:
http://www.courts.state.va.us/resources/juror_orientation_video.mp4
Where can I learn more about jury service?
The
Supreme Court of Virginia provides this resource: The Answer Book
for Jury Service in Virginia
http://www.courts.state.va.us/courts/circuit/jury.pdf
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