CHAPTER 416

An Act to amend the Code of Virginia by adding thereto a section num-
bered 8-196.1, so as to provide for alternate jurors under certain cir-
cumstances.

[S 222]

Approved April 3, 1954

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding thereto a section
numbered 8-196.1, as follows:

§ 8-196.1. Whenever in the opinion of the court the trial of any case
is likely to be a protracted one, the court may, before presentation of the
case has begun, direct the selection of one or two additional jurors, to be
known as “alternate jurors.” The court shall designate the number of
additional jurors to be drawn, and such jurors shall be drawn from the same
source and in the same manner, have the same qualifications, and receive
the same compensation as regular jurors, and be subject to examination
and challenge as such jurors, except that the plaintiff and the defendant
shall each be allowed one peremptory challenge. The alternate jurors shall
take the proper oath or affirmation and shall be seated near the regular
jurors with equal facilities for seeing and hearing the proceedings in the
case and shall attend at all times upon the trial of the case in company with
the regular jurors. They shall obey all orders and admonitions of the
court and, except as hereinafter provided, shall be discharged upon the
final submission of the case to the jury. If, before the final submission of the
case, a regular juror dies or is for good cause discharged or excused, the
court shall order the alternate juror, if there is but one, to take his place
in the jury box. If there are two alternate jurors the court shall select one
by lot, who shall then take his place in the jury box. After an alternate
juror is in the jury box he shall be subject to the same rules as a regular
juror and the trial shall otherwise proceed as if such regular juror had not
died or been discharged or excused.