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Missed jury duty? Here's exactly what happens and what to do next.
In the U.S., jury duty is a legal obligation for all citizens aged 18 and older, as both civil and criminal courts rely on jurors to resolve cases. But what if you miss jury duty? Can you get excused, or are there consequences?
At Schmidt & Clark, we’ve been guiding individuals through jury duty issues for over two decades. In this article, we’ll cover everything you need to know about missing jury duty and what steps to take if you find yourself in this situation.
Quick Summary
- Jurors are randomly selected from Motor Vehicle Records or voter registration in your county.
- To be eligible for jury duty, you must be a U.S. citizen, at least 18 years old, understand English, not be under prosecution, and have lived in the district for at least one year.
- Missing jury duty can result in fines, contempt of court charges, or a bench warrant for arrest.
- Valid reasons, such as illness or financial hardship, may allow you to be excused from jury duty.
Consequences of Not Showing up for Jury Duty
You are under obligation to respond to a jury summons, even if you have a reason not to serve.
If you fail to respond or show up for jury service, you’ll be in contempt of court.
The judge may ask you to show up at a hearing to explain why you were absent, and you could face a fine or spend time in jail.
In many states, such as California, nothing will happen to you for skipping jury duty one time.
You’ll get a second summons, which will include a warning stating that if you skip the jury summons again, you’ll get a fine [1].
The second summons can be sent at least 90 days after the first time you miss jury duty.
If you show up after the second summons, you won’t face any penalties.
Note: Fine for missing jury duty also depends on the court. Some courts are more strict and will issue a fine after the first missed jury summons.
If you skip jury duty, the consequences are the following, ranked:
- Nothing will happen
- You’ll be summoned again
- A judge may issue an order to show cause
- The court can issue a bench warrant. In this case, a police officer will come to your home, and they can put you in custody. You’ll need to appear before a judge.
If the court takes further action due to your missed jury duty, you could face serious consequences, but once you've been summoned again, your obligations continue with the jury selection process.
Jury Selection Process and Obligations
Serving on a jury is a civic duty, and it’s an important part of the judicial system in the US.
If you receive a jury summons, it doesn’t necessarily mean you’ll have to sit on a jury trial. In fact, most jurors who get summoned don’t sit on a jury.
Once you get the summons, you have to show up for jury selection, where you fill out a questionnaire.
Whether you’ll get selected for jury service depends on your questionnaire answers.
If you aren’t selected for serving on a jury, you can go home. If you’re selected, you have to be available on the court date for the entire duration of the trial.
When the trial starts, your chances of being excused from serving on jury duty are almost non-existent.
If you have a driver’s license or ID card and are of a certain age, you’re on the list of potential jurors.
You have to meet certain requirements to serve on a jury:
- Be a US citizen
- Be at least 18 years old
- Have an understanding of English
- Not be under prosecution at the time of the summons
- Live in the judicial district for 1 year
Related Article: What if You Miss Jury Duty in California?
While most people are eligible for jury duty, there are valid reasons you may be excused or disqualified from serving. Let's explore what qualifies as a valid excuse.
I consider trial by jury as the only anchor ever yet imagined by man, by which government can be held to the principles of its constitution.- Thomas Jefferson
Valid Reasons to Avoid Jury Duty
To be excused from jury duty, you must provide a valid reason and supporting documentation. Here are commonly accepted excuses and the required documentation:
Age-Related Excuses
- Over 70 years old: Provide a copy of your driver's license or other government-issued ID showing your date of birth.
Health-Related Excuses
- Medical reasons: Submit a letter or certificate from your medical provider detailing how your health impacts your ability to serve as a juror.
- Disability: Provide a letter from your medical provider or a copy of a health card confirming details of your disability.
Care-Related Excuses
- Primary caregiver for children under 10: Specify the ages of your children when prompted.
- Full-time caregiver for aged or infirmed persons: Submit a physician's letter stating that you are the full-time caregiver of a person in your custody.
Work-Related Excuses
- Financial hardship: For employees, provide a letter from your employer explaining why jury service will result in undue hardship. For self-employed individuals, submit details of your business, your role, number of employees, and a copy of business registration.
Other Excuses
- Recent jury service: Provide a copy of your Certificate of Jury Service or indicate the dates served for federal service. For state service, submit proof of serving five or more days in the past three years.
- Student status: Include a copy of your current student card, enrolment form, or similar document confirming your student status.
- Pre-booked travel: Submit copies of travel bookings or similar documents confirming your arrangements.
- Language barrier: Provide a letter from a family member or third party attesting to your inability to communicate in English.
Note: If you request your jury duty to be postponed, you’ll likely get a summons from the jury department again in the future.
FAQs
What’s the Fine for Ignoring a Jury Summons?
The fine for ignoring a jury summons goes from $100 to $1,000. You can also be asked to do community service or face jail time.
What is the best excuse to miss jury duty?
The best excuse for missing jury duty can include illness, family emergencies, pre-existing travel plans, or severe financial hardship. You must inform the court of your situation promptly and provide any required documentation to support your excuse.
What should you do if you missed jury duty?
If you missed jury duty, contact the court immediately to explain why you were absent. Be honest and provide any necessary documentation to support your reason for missing jury duty. The court may reschedule your service or provide instructions on how to proceed.
Can missing jury duty affect your legal record?
Yes, missing jury duty without a valid reason can affect your legal record. It may result in a mark against you for failing to comply with a court order, which could impact future interactions with the legal system.
Can I reschedule jury duty after missing it?
You cannot reschedule jury duty after missing it without first receiving a second summons or being granted permission by the court. However, if you miss your initial jury duty, the court may issue a second summons, often with a warning and an opportunity to reschedule. Contact the court as soon as possible to explain your situation and see if you can reschedule.
Will I get arrested immediately for missing jury duty?
You will not be arrested immediately for missing jury duty. However, failing to respond or show up for jury duty can lead to serious consequences, including a bench warrant for your arrest. This usually happens only after repeated failures to attend and subsequent legal actions. The court may issue an order for you to explain why you missed jury duty before it takes further action.
How quickly do I need to respond after missing jury duty?
You should respond to the court immediately if you've missed jury duty. Promptly explaining your absence or providing a valid excuse can help prevent more severe penalties. Most courts will allow you to explain your situation after the first missed summons, but ignoring the matter can escalate to fines or other legal actions.
What documentation do I need if I missed jury duty due to an emergency?
If you missed jury duty due to an emergency, you should provide documentation that supports your claim, such as medical records, a doctor's note, or other relevant emergency documentation. This proof will help the court consider your absence as excused and may prevent penalties or further legal actions.
Get Advice from an Experienced Criminal Defense Lawyer
You should have a basic understanding of what will happen if you don’t go to jury duty.
The consequences can range from being in contempt of court and getting a fine to having to perform community service or spending time in jail.
You can avoid serving on a jury if you have a valid reason not to appear when summoned. If you’re not sure whether your reason is valid, consult a lawyer.
At Schmidt & Clark, LLP we pride ourselves on every attorney-client relationship.
If you have to serve on a jury or need help with the legal process after not showing up, we can help.
Contact us as soon as today for a free consultation and get advice regarding your case.
References:
1. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum