How to Resign From Jury Duty

So you want to get away from jury duty. Sure, you can wear a T-shirt that says “Guilty Until Proven Innocent” or loudly proclaim that frequent bowel movements will make you unable to sit in court. Before resorting to antics and stupidity, there are completely legal ways to avoid jury duty.

Because let’s face it: few of us are excited to see an envelope in the mail that says “challenge.” Because the jury summons process is designed to be as random as possible, you never know when that scary letter might arrive in the mail. Luckily, you may not have to change your schedule just yet. There are practical tools at your disposal to avoid jury duty.

If you haven’t already guessed, this guide won’t go into detail about the nuances of civic duty. Let’s assume that you are a decent citizen who has an ethical reason to refuse to call a jury. Additionally, the consequences of lying to avoid jury duty can result in serious fines or even criminal contempt charges, as well as jail time. So here are all the legal ways to avoid jury duty.

These claims may exempt you from jury duty.

To find a legal way to waive a subpoena, start by looking at anything that prevents you from being physically present for duty or indicates that you may not be able to serve as an impartial juror.

If any of the following excuses apply to your situation, you may file a written response to the subpoena that clearly sets out all the reasons why you cannot serve that day. Below we look at the evidence 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 the court’s consideration of your application.

You are experiencing economic difficulties

Perhaps you have a small business that cannot operate without your presence, or perhaps your family will face serious financial hardship if you end up being selected as a juror. Financial hardship is a legal basis for waiving a jury, but in addition to the letter of exculpation, you will need several documents. You will need to provide current tax forms verifying your financial status, documentation verifying your current employment status (wages, hours, etc.), and any documentation demonstrating your inability to support you or your family as a result of jury service.

Note. Government jobs and some large employers will pay workers while serving on jury duty, but many other jobs will not. Unfortunately, “lack of work” by itself usually does not qualify as a statement of economic hardship (no matter how true it is).

You have health problems

The courts cannot expect you to appear if you have a legitimate medical condition. You also do not need to prove that you are in a coma. For example, if you have IBS, you can explain why it makes it difficult for you to sit and concentrate on something for long periods of time. Those wishing to claim a medical hardship must provide a signed statement from a licensed physician stating your condition and how long it is expected to last.

You are the caretaker

You may have dependents or people you care for who cannot be left alone all day while you are on call. If you are caring for someone under 16 years of age, you must provide copies of the birth certificates of the children you are caring for and an explanation as to why they have no other options while you are on jury duty. 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.

Are you a full-time student?

If you are currently a student, you are probably safe. Full-time students must provide a copy of their student ID or class schedule to explain why they cannot attend on the day of call.

Are you a pensioner?

Each court system has its own rules, and many state courts recognize that jury duty can be an ordeal for many older adults. Some states, such as Mississippi and South Carolina, will forgive you if you are over 65 years old. Others, such as Arkansas and Colorado, do not have specific exceptions for seniors. This resource details the age of exemption for jury duty in each state .

Expressing mental/emotional instability may keep you out of juries.

While sharing deeply personal information can be difficult, a diagnosis of mental illness can get you out of jury duty. 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 could be especially useful in highly complex cases involving scientific issues that would require jurors to be free from distractions.

You can’t be impartial

Even if you don’t yet know the details of the case, you may have a good reason why you can never serve as an impartial juror. For example, if you are a contractor who frequently works with the local police department, you should write and explain that this immediately makes you biased against (or against) police officers. Likewise, if you have a family member who works in law enforcement, point out that this somehow makes you very judgmental.

How to defer jury duty

You can usually change your jury duty date simply by asking, no explanation is required. From here, you can choose your jury service date—choose the right days, and your jury duty can last an hour or two rather than a day or a week.

You can usually defer jury service for up to six months, two or three times after being summoned. Rules vary by state, but most allow the event to be rescheduled to a later date. For example, in New York, you can schedule your service once online or by calling a toll-free number at least one week before your service date. Be sure to have your juror index number handy when you go online or call, and check your state’s rules as they may vary.

Pick a jury duty date when everyone wants to leave work early.

Some additional tips from Steven Johnson of Lifehacker : “Since they allow you to choose the date you want to serve, choose a day before the long weekend. Lawyers and judges also want to skip work early, so it’s unlikely that anyone will start a case on this day. I’ve done this twice, and both times the potential jurors were dismissed by 11 a.m..”

Another helpful tip: Ask to reschedule your service date to December. Apparently, at this time of year, the likelihood that the court will cancel or postpone the hearing is higher – after all, it is the holidays. In the best case, the court will not recall you to a new date, and you will get off with impunity.

What to say to avoid being served on a jury

Keep in mind that your initial summons to serve as a jury is only for jury selection day, not for jury service itself. If you can’t get out of jury selection, here are some ideas to help make sure no attorney wants you in the courtroom.

• Be overly enthusiastic. Try a little reverse psychology and act like you really want to be on that jury. Lawyers generally avoid people who seem too impatient, as these types of jurors could potentially have an agenda in mind before they even consider the case.

• Make a decision. If you have a sincere position on the matter, make it clear. For example, if you have been wronged by an insurance company in the past, you should not be involved in an insurance case.

• Be an “expert” of sorts. Lawyers want to be able to shape the opinions of juries. If you can prove that you are already an expert on something related to the case, you will most likely be fired.

• Mention the veto. If you are selected for jury duty, this is your last chance. The presiding judge asks you to swear that you will reach a verdict in the case based on the circumstances presented to you in court by the prosecution and defense teams. You may refuse to swear to this obligation. Tell the judge about your legal veto power as a juror, which means the jury has the power to reach a verdict as they see fit. This is known as “jury nullification,” and while it is completely legal, it is painful for the prosecution and the court.

Whatever you do, don’t lie to the court.

As funny as it may seem, now is not the time to tease Liz Lemon . Never openly lie in court or make false statements in front of a judge – you could end up paying for it with jail time. In cases where the judge considers that you are trying to ridicule the court, he has the right to sentence you to prison for up to two years. First, it is much longer than your jury service.

One final reminder: jury duty fraud can have serious consequences.

Applications for release are considered by the courts on an individual basis. Don’t refuse to participate or leave jury selection early because you think your arguments are correct. You may face a large fine and there is a possibility that the court will sentence you to prison for up to two years on the contempt charge.

For more facts about jury service, check out our debunking of some common myths about jury service .

More…