Getting a summons to be part of a jury can evoke all kinds of emotions. While you might be thrilled to have been selected to discharge this crucial civic duty, you might not be in the right position to attend it. Discharging your jury duty is a commitment that can take a lot of time.
For individuals who are not so keen on sitting through a trial for weeks on end, it is important to get to know about the procedures for jury duty to be excused from this civic responsibility. In this article we’ll reveal the factors that determine excusal and even disqualification from jury duty. While you can seek to be excused, we strongly advise against getting yourself intentionally disqualified. With that said, let’s proceed.
Factors Courts Consider When Granting Excusal from Jury Duty
District courts grant excusals from jury duty to individuals based on requests and certain occupational classes or persons when it’s discovered that fulfilling this duty will lead to undue inconvenience and hardship. Examples of groups that are usually granted excusal from jury duty include:
- Persons older than 70 years
- Breastfeeding mothers
- Volunteer firefighters
- Rescue squad member
- Ambulance crew
Apart from groups such as this, as we stated, individuals might also be excused upon request, provided it has been determined that fulfilling their jury duty will put the individual called to serve as a juror, your family, or employer under “undue hardship or extreme inconvenience.” A typical example is if you are the only caregiver for a dependent or child during court hours and you can’t find or afford substitute care for them.
The court grants this excuse based on their discretion after assessing your peculiar situation and the need for jury members. The decision the court makes on your request cannot be appealed or reviewed. This is because all the federal district courts are autonomous when it comes to jury policies and procedures. You should be aware of a list of all the federal district courts in the country.
Exemptions from Jury Duty
The following are never called to jury duty and will never be allowed to serve as jurors, even if they desire it:
- Non-federal professional police and fire department members
- Active members of the National Guard and armed forces
- Local, state, or federal government public officers. This refers to anyone elected or appointed to serve in a public office.
Qualifications for Jury Duty
To get disqualified from jury duty, you must not meet the following criteria:
- A citizen of the United States of America
- 18 years old
- A minimum of one year of primary residence in the judicial district was required when the qualification questionnaire was completed
- Able to read, write, speak, and understand the English language
- There is no disqualifying physical or mental condition that cannot be accommodated
- There is no current felony charge that could lead to imprisonment exceeding a year
- No felony conviction in the past unless there has been a legal restoration of civil rights
How to Request an Excusal from Jury Duty
When you receive the summons, you must respond to it. If you fail to do so, you’ll be held in contempt of court. You can read this to find out what contempt of court is. Check the summons for a report date, then get the response form and request for excusal from jury duty. You’ll need to state the reason you can’t show up at court in clear terms on the form and send it to the court. The court will assess your request and decide.
Instead of requesting an excusal, the better option is to request a deferral. You can choose any other time to serve, but it must not exceed a year. This request is granted more often than the excusal request.
Disclaimer: “The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.”
Published by: Khy Talara
