Do You Have to Report to Jury Duty? Exemptions and Penalties

Yes, you have to report to jury duty. A jury summons is a court order, not an invitation, and ignoring it in federal court can cost you up to $1,000 in fines, up to three days in jail, community service, or some combination of the three.¹ State courts impose their own penalties, and some go higher. The good news is that courts routinely grant excusals and deferrals when you ask ahead of time, so the worst move is doing nothing.

Who Is Actually Required to Serve

Federal jury service applies to U.S. citizens who are at least 18, have lived primarily in the judicial district for a year, and can read, write, speak, and understand English well enough to follow testimony and complete court forms.² A physical or mental condition that cannot be reasonably accommodated disqualifies you, as does a pending felony charge or a past felony conviction where your civil rights were never restored.³

Some people are automatically exempt from federal jury service: active-duty military members, full-time police officers and firefighters, and public officials actively performing their duties in the executive, legislative, or judicial branches of government.⁴ State courts set their own eligibility rules and often extend additional exemptions to volunteer emergency responders, nursing mothers, or people above a certain age (commonly 70 or 75).

If You Are Not a U.S. Citizen

Jury pools are typically pulled from voter rolls and driver’s license databases, so non-citizens do occasionally receive a summons by mistake. Don’t ignore it. Fill out the qualification questionnaire that came with the summons, indicate that you are not a citizen, and return it. The court will remove you from the pool. Failing to respond at all can trigger the same penalties that apply to citizens who skip jury duty.

What Happens If You Don’t Show Up

When someone fails to appear, the court’s first move is usually an order to show cause. That’s a directive requiring you to come before a judge and explain yourself. If you don’t have a good reason, federal penalties run up to $1,000 in fines, up to three days in jail, community service, or a combination.¹

Lying to get out of it carries its own penalty. Misrepresenting a material fact on the qualification questionnaire is punishable by up to $1,000 in fines, up to three days of incarceration, community service, or a combination.⁵ In practice, most courts give first-time no-shows a chance to reschedule. Repeat offenders face escalating consequences, and counting on the court to forget about you is a losing bet.

How to Get Excused or Reschedule

Courts recognize that jury service disrupts real lives, and they allow both excusals and deferrals. An excusal removes the obligation. A deferral moves your reporting date to a later week or month. They are two different things, and it’s worth knowing which one you’re asking for.

Each federal judicial district writes its own plan for handling requests, but the general standard is undue hardship or extreme inconvenience.⁴ Common qualifying reasons include:

A medical condition, physical or mental, that prevents you from sitting through a trial. Courts generally want a letter from your doctor describing the condition and estimating how long it will limit your ability to serve.
Genuine financial hardship where missing work would threaten your ability to pay rent or feed your family. Being inconvenienced is not enough; the hardship has to be real.
Sole caregiver responsibilities for a young child, elderly relative, or disabled family member when no substitute care is available.

Volunteer firefighters and ambulance crew members are specifically excused from federal jury service upon request.⁴ Many state courts let people above a certain age permanently opt out. Whatever your reason, send your request with documentation as early as possible. Courts are far more flexible when you communicate ahead of time than when you simply fail to appear.

Responding to the Summons

Your summons will include instructions for confirming your appearance, usually by mail, phone, or online portal. Reply promptly. Responding early leaves time to request a deferral or excusal if you need one, and it’s the easiest way to avoid problems. Read the summons closely for your reporting date, the courthouse address, and the clerk’s contact information. If anything about the process is unclear, call the number on the summons.

Your Job Is Protected, But Your Paycheck May Not Be

Federal law prohibits your employer from firing you, threatening to fire you, or retaliating against you in any way because of your federal jury service. This protection applies to all permanent employees. An employer that violates this rule can be ordered to reinstate you, pay lost wages and benefits, and cover a civil penalty of up to $5,000 per violation. A reinstated employee is treated as though on a leave of absence, with no loss of seniority and full access to prior insurance and benefits.⁶

What federal law does not do is require your employer to pay you while you serve. The Fair Labor Standards Act has no provision for jury duty pay.⁷ Whether you keep your regular paycheck comes down to company policy, your employment contract, or state law. A handful of states require employers to pay employees during jury service; most do not. Check your state’s rules and your employee handbook before your reporting date.

What the Court Pays You

Federal courts pay jurors $50 per day for each day of attendance. On a trial that runs beyond ten days, the judge can raise that to $60 per day for each day past the tenth. The federal system also reimburses mileage, tolls, bridge and tunnel fees, and reasonable parking costs with a receipt. If service requires an overnight stay, jurors receive a subsistence allowance for meals and lodging.⁸ State court pay varies widely, with a national daily average around $22. Check the court’s website for the fee schedule in your jurisdiction.

How Often You Can Be Called

Federal law caps how frequently you can be pulled back in. Within any two-year period, you cannot be required to serve or appear for trial jury selection for more than 30 days total, unless you’re mid-trial. You cannot serve on more than one grand jury in that same window, and you cannot be asked to serve as both a grand juror and a trial juror during those two years.¹ State frequency limits are set separately, and many follow a similar pattern.

What Reporting Day Looks Like

Arrive early. Courthouse security resembles airport screening, with metal detectors and bag checks. Bring the government-issued photo ID the courthouse requires for entry, along with your summons. After check-in at the jury assembly room, court staff will run an orientation.

Then you wait. Prospective jurors are called in groups for jury selection, a process called voir dire, where attorneys and the judge ask questions to identify jurors who can be fair and impartial. Many federal courts run a “one day or one trial” system: if you report and aren’t picked, your service is complete. If you are selected, you serve through the end of that trial.⁹ Bring a book, a laptop, or a phone charger. Most courthouses offer Wi-Fi in the assembly room.

Beware of Jury Duty Scams

Scammers regularly pose as court officials, calling or emailing people to claim they missed jury duty and now face arrest unless they pay or hand over personal information. This is always fraud. Federal courts do not contact jurors by phone or email to demand sensitive information, and they will never ask you to pay a fine over the phone. Legitimate jury communication comes through U.S. mail.¹⁰ If someone calls threatening fines or jail unless you provide your Social Security number or credit card, hang up and report it to your local court clerk and the Federal Trade Commission.

1
Office of the Law Revision Counsel. 28 USC 1866 – Selection and Summoning of Jury Panels
2
Office of the Law Revision Counsel. 28 USC 1865 – Qualifications for Jury Service
3
United States Courts. Juror Qualifications, Exemptions and Excuses
4
Office of the Law Revision Counsel. 28 US Code 1863 – Plan for Random Jury Selection
5
Office of the Law Revision Counsel. 28 USC 1864 – Drawing of Names From the Master Jury Wheel
6
Office of the Law Revision Counsel. 28 US Code 1875 – Protection of Jurors Employment
7
U.S. Department of Labor. Jury Duty
8
Office of the Law Revision Counsel. 28 US Code 1871 – Fees
9
United States Courts. Types of Juries
10
United States Courts. Juror Scams