Jury Duty

The short version

Jury duty is when you are called to serve as a juror in a court case. It's a civic responsibility that helps ensure fair trials for everyone. If you get a jury summons, you are legally required to respond and possibly serve, or face penalties for missing it.

The law this is built on

Every point below comes from the authority named next to it. Verify the current text before relying on it.

28 U.S.C. § 1861
This law states that all citizens of the United States have the opportunity to serve on federal juries. It also says that citizens have a responsibility to serve as jurors when called.
Why it matters: This means that jury service is both a right you have and a duty you must fulfill if selected.
28 U.S.C. § 1861
The law aims to ensure that juries are selected from a fair cross section of the community. It prohibits discrimination based on race, color, religion, sex, national origin, or economic status.
Why it matters: This rule ensures that juries represent many different people and ideas, making trials fairer.

Words you need to know

Jury Summons: This is an official document from the court telling you that you have been selected to report for jury duty. You are legally required to respond to it.
Juror: A person who is chosen to serve on a jury. Jurors listen to evidence in a trial and decide the facts of the case.
Petit Jury: The most common type of jury, usually made up of 6 to 12 people. They hear evidence in a civil or criminal trial and decide if the defendant is liable or guilty.
Grand Jury: A group of citizens that hears evidence presented by a prosecutor to decide if there is enough evidence to formally charge someone with a crime. They do not decide guilt or innocence in a trial.
Voir Dire: This is the process where potential jurors are questioned by the judge and lawyers to see if they can be fair and impartial. This is how jurors are selected for a trial.
Exemption: A reason allowed by law that lets you avoid jury duty. For federal courts, reasons are usually limited, such as age or certain types of employment.
Excusal: Permission from the court to be released from jury duty for a good reason, even if you don't meet an exemption. This often requires a written request and court approval.

Your rights

✓You have the right to serve on a jury, regardless of your race, color, religion, sex, national origin, or economic status (28 U.S.C. § 1861).
✓You have the right to be paid a small fee for your service, plus travel expenses (varies by court, but generally applies to federal juries).
✓You have the right to request an excusal or postponement for a valid reason, which the court may or may not grant.
✓Your employer cannot fire you or punish you for attending jury duty (though this protection varies by state for state jury duty).

How the process actually works

1
Receive Summons
Varies; usually weeks or months before your reporting date.
You receive an official jury summons in the mail. This document tells you when and where to report, and often includes a questionnaire.
2
Complete Questionnaire
Usually within a few days or weeks of receiving the summons.
You must complete and return the juror questionnaire included with your summons. This helps the court decide if you are eligible to serve.
3
Report for Duty
On the specific date listed in your summons.
You go to the courthouse on the date and time specified in your summons. You may spend time in a jury assembly room.
4
Jury Selection (Voir Dire)
After reporting for duty, potentially on the same day or a subsequent day.
You may be called into a courtroom with other potential jurors. The judge and lawyers will ask you questions to see if you can be fair.
5
Serve on Jury
The length of service varies greatly, from a few days to several weeks.
If selected, you will listen to testimony, examine evidence, and make a decision in the case with other jurors.
6
Discharge
At the end of the trial.
Once the trial is over and you've reached a verdict (or the case is dismissed), you are released from your jury service.

Deadlines that can end your case

Respond to Jury Summons
Usually within 5-10 days of receipt
Failure to respond can result in fines or other legal penalties. For federal courts, 28 U.S.C. § 1864 states that a person may be ordered to show cause why they should not be held in contempt of court.
Report for Jury Duty
Specific date and time on summons
Missing your assigned date without court approval can lead to fines, jail time, or other penalties for contempt of court (28 U.S.C. § 1864).
Request Excusal/Postponement
As soon as possible after receiving summons
Requests made too late may not be considered, and you will still be expected to appear. Documentation is often required for valid reasons.

Costly mistakes

✕Ignoring a jury summons, as it is a legal order and failure to respond can lead to penalties.
✕Not providing honest and complete answers on the juror questionnaire or during voir dire. This can lead to issues later or even legal trouble.
✕Failing to communicate a legitimate hardship or reason for excusal to the court in advance.
✕Discussing the case with friends, family, or on social media if you are selected for a jury. This is usually against court rules and can lead to a mistrial or penalties.
✕Showing up late or not showing up at all on your assigned jury duty date without prior court approval.
✕Assuming you are too busy or too important to serve; the law requires all citizens to have the opportunity and responsibility to serve (28 U.S.C. § 1861).

Your checklist

Read your entire jury summons carefully as soon as you receive it.
Complete and return any required juror questionnaire by the stated deadline.
Mark your calendar for the reporting date and time.
If you have a legitimate reason for excusal or postponement, follow the instructions on your summons to request it immediately, providing any required documentation.
Plan for transportation, parking, and childcare for your jury service.
Arrive on time, dressed appropriately, and be prepared to spend the day at the courthouse.
Listen carefully to all instructions from the judge and court staff.

Common questions

What happens if I don't respond to a jury summons?

Ignoring a jury summons is a serious matter. For federal juries, the court can order you to explain why you didn't respond. If your explanation isn't accepted, you could be held in contempt of court, fined, or even jailed (28 U.S.C. § 1864).

Can I get out of jury duty if I'm too busy or it's inconvenient?

Generally, inconvenience or being busy is not a valid reason to be excused from jury duty. The law expects all citizens to fulfill this responsibility (28 U.S.C. § 1861). You can request a postponement for a better time, but it's up to the court to approve it based on your stated hardship.

Do I get paid for jury duty?

Yes, federal jurors receive a daily attendance fee, plus travel expenses. The specific amount can vary slightly each year. State courts also typically pay a fee, but the amount varies widely by state.

What are the requirements to be a federal juror?

To be eligible for federal jury service, you must be a U.S. citizen, at least 18 years old, reside primarily in the judicial district for one year, be able to understand English well enough to complete the questionnaire, be mentally competent, and not have a felony charge pending or a felony conviction unless your civil rights have been restored (28 U.S.C. § 1865).

My employer says I can't take time off for jury duty. Is that allowed?

No, it's generally not allowed. Federal law prohibits employers from firing, threatening, or coercing employees because of federal jury service. Most states have similar laws protecting employees for state jury service, but protection details can vary.

How this changes by state

While federal courts follow the rules set out in 28 U.S.C. § 1861, each state has its own laws for state court jury duty. This means eligibility requirements (like age or residency), reasons for excusal or exemption, the amount of juror pay, and penalties for missing jury duty can all vary from state to state. Your state's judicial website or court clerk's office is the best place to find the specific rules for jury service in your state.

When you need a lawyer

You might need a lawyer if you've missed jury duty and received an order to show cause, or if the court has started contempt proceedings against you. You also might consider speaking with a lawyer if your employer has fired or threatened you specifically because you performed jury duty. A lawyer can help you understand your rights and the legal process.

Do this today

→Locate your jury summons and review it carefully for deadlines and instructions.
→If you have a legitimate conflict, prepare a written request for postponement or excusal with supporting documents.
→Check your local court's website for specific information on jury duty in your area.
→Make arrangements for your scheduled jury service, including transportation and any necessary time off work.

This lesson is legal information for educational purposes only, based on 28 U.S.C. § 1861 (Jury Selection and Service Act). It is not legal advice and does not create an attorney-client relationship.