What to do if you have jury duty

If you’ve ever received a summons in the mail to report for jury duty, you probably let thought out a deep groan and thought to yourself, “How do I get out of this?”

Switch your attitude. Fact is, serving on a jury is part of what it means to be a good citizen, and you have to show up to perform your civic duty. That's not an option: If you get summoned for jury duty, you’re required by law to serve.

Here’s what you need to know if you have jury duty.

Who gets called in for jury duty?

Residents are randomly chosen to perform jury duty through their state’s database of names compiled from voter registration and drivers' licenses. In addition, to be eligible you must meet the following criteria:

• Be a U.S. citizen
• Be at least 18 years of age
• Reside in the county of jury service
• Be able to read and write English
• Be of sound mind

You cannot serve on a jury if:

• You’ve been convicted of a felony or of any type of theft (unless rights have been restored)
• You’re on probation or deferred adjudication for a felony or theft; or
• You’re under indictment for a felony or under criminal charges for theft

If you qualify and your name pops up, you’ll receive a summons in the mail with a reporting date of when to appear at the courthouse. But before you get selected to serve as a juror you’ll fill out a questionnaire and face scrutiny by a judge and attorneys in a process called voir dire (which is French for "to speak the truth"). Then, if you get selected you’ll serve on a jury—a group of typically 12 people who are sworn to render a verdict, penalty, or judgment in a legal case.

How long does jury duty last?

Jurors serve on a petit or grand jury. Petit jurors decide either civil or criminal cases. Most of these cases last three to five days.

Meanwhile, grand jurors decide whether to bring criminal charges or an indictment from the state against a defendant. Grand juries are usually reserved for serious felonies, and jurors may serve for months at a time if a case goes to trial.

Can I get out of jury duty?

There are a number of ways you can be excused from jury duty, including the following:

• Claim student status. Most states will excuse jury duty obligations for full-time students. Teachers are also usually exempt.
• Have poor health. Medical conditions, such as a chronic illness, may get you out of jury duty, but you’ll need to provide a note from your doctor.
• Claim economic hardship. If you can prove that you would sincerely suffer financially if you missed a few days of work, a judge may excuse you from jury duty.
• Request a date change. You can request a date change using a special accommodations form if you can’t make the required date—for instance, if you’re getting married that day. If the court grants your request, typically you’ll get placed at the back of the queue, which means you’ll have another year or two before you can receive another jury duty summons.
• You can’t be fair and impartial. If you have any kind of bias that would make you a subjective juror, make that clear during the selection process. Most likely the prosecutor will dismiss you from the proceedings.

Under no circumstances should you lie to get out of jury duty. Lying or exaggerating during jury duty selection can result in fines or criminal charges.

Will I get paid for jury duty?

The short answer is yes. The bad news is compensation is fairly paltry.

Federal jurors are usually paid $50 a day, and then up to $60 a day after serving 10 days on a trial. For jurors presiding over state cases, the pay varies by state. For example, jurors in Iowa receive $30 a day for serving up to seven days, and $50 per day for each day that exceeds seven days of service, while jurors in Delaware are not paid but are reimbursed for some of the expenses they incur as a result of jury duty up to a reimbursement rate is $20 a day.

Does my employer have to pay me while I serve jury duty?

According to federal law under the Fair Labor Standards Act (FLSA), if an employee misses work because they are serving on a jury, their employer is not required to pay them. Some states, however, such as Alabama, Colorado, and Connecticut, require employers to pay workers their full pay or a portion of their regular pay while they’re on leave for jury duty. You can check with your local judicial branch to find out your state’s policy.

That said, many companies have their own jury duty policies where they pay their employees while they’re away on jury duty. Your HR department can provide you with this information.

What to do at work if you get selected for jury duty

If you’re picked to be a juror, there are a few things you should do before taking your leave:

• Spread the word. Let everyone on your team know that you’re going to be absent for jury duty and how long you expect to be on leave.
• Prepare co-workers who are taking on your job responsibilities. Those filling in for you will need a handbook that lays out what tasks they’ll need to complete while you’re gone. So make a list of your ongoing projects that includes a summary of each project, its current status, deadlines that will hit in your absence, and any resources or documents they might need.
• Bring your boss up to speed. Arrange a meeting with your manager to explain who is covering your tasks while you’re away.
• Set up an "out of the office" email. Make sure it states who should be contacted in your absence.

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