by Hanna Edwards

Created on: August 21, 2010

If you recently moved, registered to vote or renewed your driver's license, a jury summons may soon find its way into your mailbox. Depending on your jurisdiction, your name may come up every 3 to 8 years. 

You are exempt from jury service if you can claim the following:

-  not a US citizen

-  not living in the area served by the regional or municipal court that summoned you (ie, away at school)

-  under 18 years old

-  not fluent in English

-  not physically or mentally able to perform as a juror

- served on a jury in the previous 12 months

-  serving a sentence for a felony at the time of your summons

-  over age 70 (but you can choose to serve if you wish)

A jury questionnaire might be sent first. Explain why you are exempt, and return the questionnaire as directed (but do not lie on your questionnaire). If you have a valid exemption, you will not hear further from the courthouse. Otherwise, expect a summons within 6 weeks to 3 months of returning your questionnaire. 

You can delay service up to 6 months from receiving the original summons. The idea is to give you adequate notice of jury service and to allow you to choose a convenient time to serve. But this is jury avoidance, not exemption.  It's easier to appear at the courthouse and try to avoid being selected than to request an additional exemption.

If you receive a summons, you must report on the day specified by the summons. If you are exempt and received a summons anyway, you will have to report on the specified day and speak to the jury clerk to be excused.

Getting Excused By the Judge

Once assigned a trial, the judge or clerk will address the jury pool before the lawyers' voir dire. Potential jurors will be told the nature of the trial (ie, criminal or civil, what the issue at hand is) and how long the trial is expected to last. They will ask if anyone would experience hardship from serving on the jury. This is the best time to request excusal based on the following issues:

- Financial hardship: your company does not allow paid leave for jury service,  or you are losing wages far in excess of what the state will pay.

- Caregivers: if you are the primary caregiver of young children, a sick relative or an elderly person and cannot be away.

- Travel plans: if you have travel plans that will conflict with what is expected to be a lengthy trial (this is at the judge's discretion).

- Previous acquaintance: if you know the judge, attorneys or either

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