Do You Have to Go to Jury Duty? Exemptions, Penalties, and Rescheduling

Yes, you do have to go to jury duty. A jury summons is a court order, not an invitation, and ignoring it in federal court can bring a fine of up to $1,000, up to three days in jail, community service, or some combination of the three.1Office of the Law Revision Counsel. 28 USC 1866 – Selection and Summoning of Jury Panels State courts impose their own penalties along the same lines. That said, the system has real off-ramps: if you can’t serve on the date listed, you can usually reschedule, and several categories of people qualify for an outright excuse or exemption. What you cannot do is throw the summons on the counter and hope nothing happens.

Who Is Required to Serve

Federal law requires every U.S. citizen who is at least 18, has lived in the judicial district for a year, and speaks enough English to serve to be available for jury duty unless specifically disqualified. People with a pending felony charge, or a felony conviction whose civil rights have not been restored, are disqualified.2Office of the Law Revision Counsel. 28 USC 1865 – Qualifications for Jury Service State qualifications closely track those rules, with local variations.

Names come from voter registration rolls and, in many districts, driver’s license or tax records so the pool reflects the community.3Office of the Law Revision Counsel. 28 USC 1863 – Plan for Random Jury Selection No one can be excluded because of race, sex, religion, national origin, or economic status.4Office of the Law Revision Counsel. 28 USC 1862 – Discrimination Prohibited If you meet the basic qualifications and the notice has your name on it, the obligation is yours.

What Happens If You Skip It

The court does not simply forget. Miss your date and you can expect a second summons or a failure-to-appear notice. Ignore that, and the court issues an order to show cause: a formal hearing where you have to appear and explain your absence. If you cannot give a good reason, the judge can hit you with the fine, jail time, or community service authorized by statute.1Office of the Law Revision Counsel. 28 USC 1866 – Selection and Summoning of Jury Panels

In practice, judges tend to be far more forgiving with first-time no-shows who come forward quickly than with people who blow off repeated notices. Actual jail sentences are rare, and they almost always involve someone who has ignored several contacts from the court. Still, “rare” is not “never,” and the safest move if you have already missed a date is to call the court clerk right away rather than wait for the next letter.

Who Can Be Excused or Exempt

Rules vary by court, but a handful of categories show up almost everywhere. These are legitimate outs, and almost all of them require you to file a request with documentation before your reporting date.

  • Physical or mental disability that prevents effective service, usually supported by a doctor’s statement explaining the limitation.
  • Age. Federal courts and a number of states let people 70 or older opt out on request; some states set the threshold at 72 or 75.5United States Courts. Juror Qualifications, Exemptions and Excuses
  • Recent service. Federal jurors who served within the past two years can be excused on request. State rules vary, with some requiring only a 12-month gap.5United States Courts. Juror Qualifications, Exemptions and Excuses
  • Active-duty military members, on presentation of orders.
  • Volunteer firefighters, ambulance crews, and rescue squad members in federal court and many state systems.5United States Courts. Juror Qualifications, Exemptions and Excuses
  • Primary caregivers for a young child, an elderly relative, or a disabled person when no alternative care is available.
  • Full-time students, in a number of states, either excused outright or deferred with proof of enrollment.

There is a difference between an exemption, which releases you from service entirely, and an excuse, which releases you from this specific summons but leaves you in the pool for future ones. Either way, you have to request it in advance. Turning up empty-handed on the day and asking to leave is not the same thing.

How to Reschedule If You Can’t Make the Date

If nothing qualifies you for an excuse but the date on your summons simply does not work, most courts will let you defer. Contact the court clerk by phone, mail, or online portal, describe the conflict, and propose a new date. Booked travel, a hard work deadline, or exams are all commonly accepted reasons.

Deferral windows differ by court. Many allow a new date two to six months out; some go as far as a year. The one firm rule is that you have to make the request before your original date, not after. Most jurisdictions cap the number of times you can defer, and a second deferral often means talking to the commissioner of jurors directly rather than clicking through an automated form.

Your Job While You Serve

Federal law bars employers from firing, threatening, intimidating, or retaliating against you because of jury service. An employer who does can be ordered to reinstate you, pay back your lost wages, and face civil penalties of up to $5,000 per violation.6Office of the Law Revision Counsel. 28 USC 1875 – Protection of Jurors Employment Most states have parallel protections, some stronger.

Federal law does not, however, require your employer to pay you during service, although many do voluntarily.7U.S. Department of Labor. Jury Duty A few states require partial wage coverage for a limited number of days; check your state’s labor rules and your employee handbook. Salaried exempt employees under federal wage rules get one extra layer of protection: your employer cannot dock your pay for a partial-week absence caused by jury duty, though it can offset your salary by the jury fees you received that week.8eCFR. 29 CFR 541.602 – Salary Basis

Jury pay itself is modest. Federal courts pay $50 per day, rising to as much as $60 per day at the judge’s discretion once a trial runs past 10 days.9Office of the Law Revision Counsel. 28 USC 1871 – Fees State rates run lower and vary widely, from nothing in a couple of states to around $50 at the top end, with a national average near $22. Mileage reimbursement is inconsistent, and roughly half of states offer none. Do not plan on jury pay to cover your rent.

What Actually Happens When You Show Up

Reporting for jury duty does not mean you will end up on a jury. After check-in, prospective jurors go through voir dire, a questioning process where the judge, and sometimes the attorneys, try to identify anyone who cannot be impartial. Either side can ask the judge to strike a prospective juror “for cause” if there is a specific reason the person cannot be fair, and each side gets a limited number of peremptory strikes that require no reason, though those cannot be used to exclude people based on race or sex.

Most federal and state courts now run on a “one day or one trial” system. If you are not picked, your service is finished when the day ends. If you are picked, you serve until that trial concludes. Many civil trials are done in a few days, and most state criminal trials wrap up within a week. Complex cases and grand jury service are the exceptions, and grand jury terms in particular can run up to 18 months, with extensions possible to 24 months.10United States Courts. Types of Juries If your summons is for a grand jury, the time commitment is substantially larger than for a standard trial jury, and that is worth weighing when you consider whether a deferral request makes sense.