The Complete Guide to Jury Dismissal

Few of us are happy to see an envelope in the mail that says “subpoena.” Because the jury trial process is designed to be as random as possible, you never know when that dreadful letter might arrive in the mail. Luckily, you don’t need to change your schedule just yet. You have practical tools at your disposal to get rid of jury duty.

If you haven’t guessed already, this guide won’t go into detail about the nuances of civic duty. Let’s assume that you are a good citizen who has a very noble reason for not being called to jury trial. In addition, the consequences of lying to avoid jury duty can result in severe fines or even contempt of court with possible jail time. With that in mind, here are all the legal ways you can avoid jury duty.

Practical Claims You Can Use to Avoid Jury Duty

To find a legal way to avoid being called, start by looking at anything that prevents you from being physically present while on duty or that indicates you will not be able to be an impartial jury.

If any of the following excuses apply to your situation, you may file a written response to your subpoena that clearly states all of the reasons why you cannot serve that day. Below we will consider the evidence that is required for various justifications.

Please note that this letter is not a guarantee that you have been successfully discharged from jury duty – each local court has its own procedures for writing this letter and for the court to consider your request. (Scroll down to see the potential consequences of accidentally or deliberately skipping jury duty without a good reason.)

Request date change

You can postpone the service date, no explanation is required. You can usually adjourn jury duty for up to six months, two or three times after you’ve been called. Rules vary by state, but most will allow you to reschedule your date.

For example, in New York City, you can delay a service online or by calling a toll-free number at least one week before the service date. Be sure to have your juror index number handy when you go online or make phone calls, and check your home state’s rules because they may differ.

A few extra tips from Lifehacker’s Steven Johnson : “Because they let you choose the date you want to serve, pick a day before the long weekend. No one is going to start a business that day, and everyone wants to leave early. I left at 11 am.”

Here’s another great tip from Money Check : ask to move your service date to December. Obviously, at this time of the year, there is more chance that the court will cancel or postpone the hearing. At best, the court will not call you for a new date, and you will go unpunished.

Economic Hardship Statement

Maybe you have a small business that can’t run without your presence, or maybe your family is in serious financial trouble if you end up being selected as a juror. Financial hardship is a legitimate reason to refuse a jury trial, but you will need several documents in addition to your apology letter. You will need to provide your current tax forms showing your financial status, documentation showing your current employment status (salary, hours, etc.), and any document showing your inability to support you or your family as a result of the jury service .

Note. Government positions and some large employers will pay workers to serve on juries, but many other positions do not. Unfortunately, “lack of work” by itself does not usually qualify as a statement of economic hardship (regardless of how true that may be).

Report medical difficulties

The courts cannot expect you to appear if you have legal medical restrictions. You also do not need to prove that you are in a coma. For example, if you have irritable bowel syndrome, you can explain why it makes it difficult for you to sit and focus for long periods of time. Those who wish to claim health difficulties must provide a signed statement from a licensed physician stating your condition and its expected duration.

Prove you are the caretaker

You may have dependents or caregivers who cannot be left alone all day while you are attending a call. If you are caring for someone under the age of 16, you must provide copies of the birth certificates of the children you are caring for and explain why they have no other options while you serve on a jury. All other caregivers (such as a parent, partner, or sibling) require a doctor’s note detailing the patient’s diagnosis and confirming that their services as a caregiver are required.

Be a college student

If you are currently a student, you are probably lucid. Full-time students must provide a copy of their student ID or class schedule to explain why they are unable to attend on their scheduled date.

Be a senior citizen

Each court system has its own rules, and many state courts recognize that jury duty can be extremely difficult for many older people. In some states, such as Mississippi and South Carolina, you won’t be charged if you’re over 65. Others, such as Arkansas and Colorado, do not have specific exemptions for seniors. This resource details the age of release from jury duty in each state .

Severe mental/emotional instability

While it can be difficult to share deeply personal information, a mental illness diagnosis can save you from the jury. Even if you don’t have a diagnosis, it’s worth explaining extenuating circumstances, such as a death in the family. Business Insider notes that this excuse can be especially handy in highly complex cases involving scientific questions that require jurors not to be distracted.

Explain why you cannot be impartial

Even if you don’t know the details of the case yet, you may have a good reason why you can never be an impartial jury. For example, if you are a contract worker and often cooperate with the local police department, you should write and explain that this makes you biased towards (or against) the police from the very beginning. Similarly, if your family member is in law enforcement, point out how that makes you very subjective in one way or another.

How not to get on the jury

Keep in mind that your initial jury summons is for jury selection day only, and not for jury service itself. If you can’t avoid jury selection, here are some ideas to make sure no lawyer wants to see you in the courtroom.

Be overly enthusiastic

Try changing your psychology a bit and act like you really want to be on that jury. Lawyers generally avoid people who seem overly impatient, as this type of jury has the potential to have the agenda in mind even before the case is heard.

Make up your mind

If you do have a position that is relevant, state it clearly. For example, if you have been hurt by an insurance company in the past, you should not be involved in an insurance case.

Be some kind of “expert”

Lawyers want to be able to influence jury opinion. If you can show that you are already an expert on some subject related to the case, you will most likely be fired.

Mention of the right of veto

If you get selected for the jury, this is your last chance. The presiding judge asks you to swear that you will deliver a verdict on the merits of the facts presented to you in court by the prosecution and defense teams. You may refuse to accept this obligation. Tell the judge about your legal veto as a juror, which means it’s the jury’s right to make their own verdict. This is known as “jury annulment” and while it’s perfectly legal, it’s a problem for the prosecution and the court.

How to avoid fines

As funny as it sounds, now is not the timeto pull Liz Lemon . Never lie openly in court or make false statements in front of a judge – you could end up with jail time for this. In cases where the judge believes that you are trying to mock their court, he has the right to sentence you to prison for up to two years. First, it’s a lot longer than your jury service.

Recent Reminders

Petitions for exemption from liability are considered by the courts on an individual basis. Don’t be a no-show and don’t give up jury selection early because you assume your reasoning was sound. You can get a large fine, and there is also a chance that the court will sentence you to two years in prison on contempt charges.

Good luck dodging your civic duty for now. To learn more about juries, check out our Debunking Some Common Jury Duty Myths .