Jury Duty:
Definition, Types, Comparison & Uses

Jury duty, also known as jury service, is a mandatory civic responsibility where U.S. citizens are called to serve as jurors in legal proceedings. When summoned, individuals must report to a courthouse to participate in the jury selection process and potentially serve on a trial jury or grand jury. Jurors listen to testimony, review evidence, and render decisions in civil and criminal trials based on principles of law as explained by a judge.

The Jury Selection and Service Act establishes the process for selecting jurors and provides requirements citizens must meet to qualify for serving on a federal jury. Courts randomly select eligible citizens from databases including licensed drivers, income tax filers, and registered voters within their district for possible jury service.

Related terms: jury summons, juror selection, trial jury, grand jury

State law provides 5 core qualifications for jury service:

• United States Citizens
• Over 18 years old
• Residents of the county where they were called to serve
• Proficient enough in English to understand and discuss the case
• Not currently on felony probation or parole

Additional requirements vary by state. For example, in Georgia, jurors must have had their civil rights restored if previously convicted of a felony or malfeasance while holding public office, and must not be under conservatorship. Federal jury service requires most U.S. citizens who are 18 or older to meet these baseline qualifications.

Failing to appear for jury duty can result in serious legal consequences. Any person willfully failing to appear at the time ordered by the court may be punished under state law. Penalties range from being placed back into the selection pool to immediate criminal prosecution and having a bench warrant issued for contempt of court.

Failure to appear and contempt of court are criminal charges which may result in jail time, a fine, or both. Courts have sentenced individuals to 10 days in jail for oversleeping and missing jury duty. In some jurisdictions, people who skip jury duty have been ordered to write essays as punishment. When you receive a jury summons, that service is mandatory and you must attend unless the court grants you an exemption or excusal.

Courts use a random selection process from 3 master databases:

• Licensed Drivers
• Income Tax Filers
• Registered Voters

When randomly selected, potential jurors receive a jury summons in the mail ordering them to complete a Juror Qualification Questionnaire and report for jury service at a specific date and time. During jury selection at the courthouse, both the prosecutor and defense attorney can dismiss potential jurors for various reasons through a process called voir dire. They receive a specific number of peremptory challenges, which allow unconditional dismissals without requiring specific reasons. The judge can also dismiss potential jurors based on their responses during questioning.

More individuals are called to jury service than are selected to actually serve on a jury. This ensures enough jurors are available to hear each case and allows for challenges during the selection process.

There are 2 types of juries serving different functions in federal and state trial courts:

• Trial Jury (Petit Jury) , Listens to evidence in a courtroom and decides the guilt or innocence of the defendant in a criminal case, and the liability and damages of the parties in a civil case. Most jurors serve on a trial jury.
• Grand Jury , Decides if there is probable cause to charge someone with a crime and may conduct investigations. Grand jurors work collaboratively over an extended period rather than hearing a single trial.

Trial juries determine whether the prosecution has proven the defendant to be guilty based on evidence presented during trial. The jury generally does not choose the penalty. Grand juries, by contrast, evaluate whether sufficient evidence exists to bring criminal charges against individuals before a trial begins.

Juror compensation varies significantly by jurisdiction and court type. Federal courts are authorized by Supreme Court order to reimburse jury service at $12.00 per hour. In addition, round-trip mileage from home to the courthouse is paid at $0.70 per mile for mileage over 40 miles.

State court payment amounts vary by county and range between $5 and $50 per day. Most counties pay around $25 per day. In New Jersey, jury duty reimbursement is as little as $5 per day, although a juror can plead to be excused for financial hardship.

Employers are not allowed to fire an employee for being called to jury duty, but they are typically not required to pay salaries during this time. However, government employees are in a paid status of leave for the duration of time spent serving as a juror. In Australia, employers are required to pay their employees "make-up pay", the usual pay the employee would have earned from working, less the jury duty payment received from the state, for at least the first ten days of jury service.

Under very limited circumstances, jurors may be excused or exempted from jury service. Certain people are eligible for exemption, including people age 70 or older, full-time students, individuals with disabilities that prevent satisfactory completion of jury service, and those who have served on a jury within the past 12 months to 3 years depending on jurisdiction.

To request an exemption or excusal, you must complete the Jury Questionnaire and provide relevant documentation when requesting an excusal. For medical excusals, submit a signed statement from your healthcare provider explaining why you are unable to serve as a juror without providing a diagnosis. If you qualify for an exemption, you must contact the court to receive approval before your appearance date.

Unless the court notifies you that your request was granted, you are still required to appear when instructed. Excuse from jury service undermines the important purpose of providing jurors who represent a fair cross section of citizens and casts a direct and unfair burden on other citizens selected for service. New Mexico law does not provide for an excuse from jury service for moral or religious beliefs, though you may present your beliefs to the presiding judge during jury selection.

A jury summons, also called a "Summons to Jury Service," is a court order requiring a juror to complete the Jury Questionnaire and report for jury service at a specific date and time. You receive a jury summons because your name was randomly selected from a master database to serve on a jury.

The jury summons includes information about the date and time of your appearance and location of the court. You are required to fill out the Jury Questionnaire even if you are requesting excusal. Read the summons closely and follow the instructions, as some summons require you to complete a questionnaire or contact the court in advance. Bring a copy of your jury summons with you when you appear in court.

Since 2012, some U.S. citizens have been targets of a "jury scam" wherein they are called by persons posing as officers from a court, claiming that the person did not show up for jury duty and that charges will be pressed. Potential victims of identity theft or identity fraud, these individuals are then told that the matter can be resolved if personal information is given.

You will never be notified of court fines, fees, or payment requests via text message. If you receive a text message or phone call claiming to be about court fines or requesting payment, do not respond or click any links. The U.S. Department of Justice recommends that recipients of these calls contact the court directly to avoid falling victim to this scam.

The length of jury service is established by each court and varies by jurisdiction and case type. Court hours are generally 8 AM to 5 PM including a lunch break with some exceptions. Jurors are only permitted to leave the courthouse when instructed by the court.

If you are selected to serve on a jury, you are responsible for making yourself available for jury duty for the duration of the trial. Generally, you are not required to serve on a jury or attend court for jury service in a state court more than once every 12 months to 3 years depending on the jurisdiction. You must have reported to the courthouse and received attendance for jury selection, jury trial, or grand jury to receive the multi-year service excusal.

No. Employers are not allowed to fire an employee for being called to jury duty. New Mexico law protects individuals who are completing jury service, with employee protections and employer requirements detailed in state statutes. An employer, either individually or through an agent, who violates jury service protections is guilty of a petty misdemeanor.

Employers in Georgia and other states are required to grant employees time off to serve jury duty, though it may be unpaid. Government employees are in a paid status of leave for the duration of time spent serving as a juror. Many quasi-governmental organizations have adopted this provision into their contract manuals. Your court can issue a certificate with the days and times you appeared for jury service if your employer requires documentation of your jury service.

Jury duty is often compared to 3 related civic responsibilities:

Jury Duty vs. Military Service

Jury Duty vs. Voting

Jury Duty vs. Witness Testimony