A grand jury summons means your name was randomly drawn from a public list — usually voter registration records — and a court has called you to potentially serve on a panel of 16 to 23 citizens that reviews evidence and decides whether prosecutors have enough to formally charge someone with a crime.1Cornell Law School Legal Information Institute. Federal Rules of Criminal Procedure Rule 6 – The Grand Jury It has nothing to do with any suspicion about you. It’s civic duty, and it’s mandatory, but the court offers real paths to be excused or deferred if serving would create genuine hardship.
First, Confirm It’s a Summons and Not a Subpoena
Look at the document. A grand jury summons calls you as a juror — someone who will help decide whether charges should be filed. A grand jury subpoena calls you as a witness, or requires you to hand over documents, because a prosecutor believes you have information relevant to an investigation.2United States Department of Justice. Justice Manual 9-11.000 – Grand Jury The obligations are very different. If you received a subpoena, talk to an attorney before doing anything else, especially if you think you could be a target of the investigation. Everything below is about the summons.
What You’ll Actually Be Doing
A grand jury has one core job: deciding whether there’s probable cause to believe someone committed a crime. If the evidence clears that bar, the grand jury issues an indictment, which is the formal criminal charge. This is not a trial jury. You won’t decide guilt or innocence, and you won’t hear both sides. You’ll hear the prosecutor’s case and decide whether the evidence is strong enough to justify charging someone.
The room looks nothing like a courtroom. There’s no judge and no defense attorney. You’ll see the prosecutor, the witness being questioned, and a court reporter. A witness may step out to consult a lawyer in the hallway, but that lawyer cannot come inside.1Cornell Law School Legal Information Institute. Federal Rules of Criminal Procedure Rule 6 – The Grand Jury If a legal question comes up that the jurors can’t sort out on their own, they can ask the supervising judge for guidance.
The prosecutor guides the investigation and presents most of the evidence, but you are not a rubber stamp. Grand juries can compel witnesses to testify, require documents through subpoenas, ask questions, and push back on what’s presented.4United States Department of Justice. Justice Manual 9-11.000 – Grand Jury
How Long the Commitment Runs
Grand jury service is longer than typical trial jury duty. A federal grand jury serves until the court discharges it, with a standard term of up to 18 months. The court can extend that by up to six months if the public interest requires it, so the outer limit is generally 24 months.3Cornell Law School Legal Information Institute. Federal Rules of Criminal Procedure Rule 6 – The Grand Jury State grand jury terms vary widely, from a few weeks in some places to a year in others.
You won’t be at the courthouse every day. Federal grand juries typically meet a few days a month or one day a week, depending on the caseload, and the court will give you a schedule you can plan around.
Already served recently? Federal law limits service to one grand jury in any two-year period, and you can’t be required to sit on both a grand jury and a trial jury during the same stretch.5Office of the Law Revision Counsel. 28 USC 1866 – Selection and Summoning of Jury Panels
Pay and Job Protection
Federal grand jurors are paid $50 per day of attendance. After 45 days of actual service, the presiding judge can authorize an additional payment of up to $10 per day, bringing the maximum daily rate to $60.6Office of the Law Revision Counsel. 28 USC 1871 – Fees You also get a mileage allowance for driving to and from the courthouse. If your service requires an overnight stay because you live far away, the court provides a subsistence allowance for meals and lodging. State courts set their own rates, and the range is dramatic: some pay nothing, others pay up to $50 per day, and mileage reimbursement is inconsistent. Your summons or the court clerk’s office will tell you what your court pays.
Your job is protected. Federal law prohibits your employer from firing, threatening, or punishing you for attending grand jury service. An employer who violates this faces a civil penalty of up to $5,000 per violation per employee, and a court can order your reinstatement along with back pay.7Office of the Law Revision Counsel. 28 USC 1875 – Protection of Jurors Employment If reinstated, your time on the grand jury is treated like a leave of absence — you keep your seniority and remain eligible for any insurance or benefits your employer offers.
What federal law does not do is require your employer to keep paying your regular wages during service. The Fair Labor Standards Act has no jury-duty pay mandate, so whether you get your normal paycheck depends on your employer’s policy or your contract.8U.S. Department of Labor. Jury Duty Some states require continued pay during jury service; many don’t. Check your employee handbook or ask HR before you start so you know what to expect financially.
You Can’t Talk About the Cases
Grand jury secrecy is a legal requirement, not a suggestion. As a juror, you cannot disclose anything that happens in proceedings to anyone outside the room, including your spouse, family, or friends.1Cornell Law School Legal Information Institute. Federal Rules of Criminal Procedure Rule 6 – The Grand Jury You can tell people you’re serving on a grand jury. You can’t share anything about the cases you hear, the witnesses who testify, or the votes you cast.
The rule protects ongoing investigations, encourages witnesses to testify honestly, and shields people who are investigated but never charged. A knowing violation can be punished as contempt of court, which can carry fines or jail time.
Getting Excused or Deferred
Service is mandatory, but courts recognize genuine hardships. Under federal law, you can request an excuse by showing “undue hardship or extreme inconvenience.”5Office of the Law Revision Counsel. 28 USC 1866 – Selection and Summoning of Jury Panels The standard is intentionally high. Being busy at work or finding it inconvenient won’t qualify. Courts look for serious personal or financial crises: a medical condition that prevents attendance, sole-caregiver responsibilities, or financial hardship the daily fee can’t offset.
Most federal district courts also offer a permanent excuse to people over age 70 who request one.9United States Courts. Juror Qualifications, Exemptions and Excuses If you don’t qualify for a full excuse but have a scheduling conflict — a pre-paid vacation, a medical procedure, a family obligation — you can request a deferral, which postpones your service to a later date instead of eliminating it.
To request either, contact the court clerk’s office listed on your summons as soon as possible. You’ll typically need to submit a written request with supporting documentation, such as a doctor’s letter or proof of caregiving responsibilities. Move quickly. Waiting until the day you’re supposed to appear is the fastest way to have your request denied.
What Happens If You Ignore It
Don’t. A grand jury summons is a court order. If you fail to appear, the court can order you to show up and explain yourself. If you can’t demonstrate good cause, you face a fine of up to $1,000, up to three days in jail, community service, or some combination of the three.5Office of the Law Revision Counsel. 28 USC 1866 – Selection and Summoning of Jury Panels State courts impose their own penalties, which can be equally severe. If you truly can’t serve, use the excuse or deferral process. Silence is never the right response.