Because let's face it: Though we know we should be proud of doing our civic duty, few among us are excited to see an envelope in the mail that reads “summons.” Since the jury summons process is designed to be as random as possible, you never know when that dreaded letter may arrive in the mail, or what kind of court case you might be assigned to, and the responsibility can be hard to work around if you've got a lot of other obligations.
Keep in mind that your initial jury duty summons is only for attending jury selection day, not the jury service itself. To find a legitimate way out of your summons, begin by looking at anything that prevents you from being physically present for duty or that indicates you would not be able to be an impartial juror.
Maybe you own a small business that cannot run without your presence, or maybe your family will suffer significant financial hardship if you are eventually selected to be a juror. Financial hardship is a legitimate claim to get out of your jury summons, but you’ll need several documents in addition to your excuse letter. You’ll need to provide your current tax forms showing your financial status, documentation showing present employment status (wages, hours, etc.), and any document showing your inability to provide support for you or your family as a result of jury service.
You have a medical hardship
Courts can’t expect you to show up if you have a legitimate medical limitation. You don’t have to prove you’re in a coma, either. For instance, if you have IBS, you could consider explaining why this would prevent you from sitting and focusing on a case for large stretches of time. Those looking to claim medical hardship must provide a signed statement from a licensed physician that indicates your condition and how long it’s expected to last.
You’re a full-time student
If you’re currently a student, you’re probably in the clear. Full-time students need to submit a copy of their student ID or class schedule to explain why they can’t show up on their summons date.
Expressing mental/emotional instability can keep you off of a jury
While it might be difficult to share deeply personal information, a diagnosis of mental illness could get you out of the jury box. Even if you don’t have a diagnosis, it’s worth explaining extenuating circumstances, like a death in the family. This excuse could be particularly handy in very complex cases involving scientific issues, which would require jurors to be free of mental distractions.
What to do to not get picked for jury duty
If you can’t get out of attending jury selection, here are some ideas you can try to make sure no lawyer wants you in their courtroom.
Have your mind made up. If you truthfully have a stance that pertains to the case, make it clear. For instance, if you’ve been wronged by an insurance company in the past, then you shouldn’t be a part of a case that deals with an insurance claim.
Mention veto rights. If you get selected for jury duty, this is your last shot. The presiding judge asks you to swear that you will reach a verdict on the case based on the merits of the facts presented to you in court by the prosecution and defense teams. You can refuse to swear to this commitment. Tell the judge about your legitimate veto rights as a juror, which means that it’s the jury’s right to find a verdict as they see fit. This is known as “jury nullification,” and while it is totally legal, it’s a pain to the prosecution and the court.
You can usually put off jury service for up to six months, two or three times after being summoned. Rules vary by state, but most will let you reschedule for a later date. For example, in New York, you can postpone your service once online or by calling a toll-free number at least one week before your date of service. Make sure to have your juror index number handy when you go online or call, and check your home state’s regulations because they might be different.
Choose a jury duty date when everyone wants to leave work early
Here’s another hot tip: Request to move your service date to December. Apparently this time of year, there’s a greater chance that the court cancels or postpones the hearing—it’s the holidays, after all. In the best case scenario, the court doesn’t recall you for the new date, and you get off scot-free.
Whatever you do, don’t lie to the court
Requests to be excused are reviewed by the courts on a case-by-case basis. Don’t be a no-show or leave jury selection early because you assume your reasoning was valid. You might end up with a steep fine, and there’s also the possibility of the court sentencing you to up to two years of jail time on charges of contempt of court.
For more jury facts, check out our debunking of some pervasive myths about jury duty.
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