Got a California jury summons? Here are the circumstances that may qualify you for an excuse, when postponement may be better, and what the court may require.
Receiving a jury duty summons in California does not always mean you will have to serve. State court rules allow some people to request an excuse when jury service would create an undue hardship or when they meet certain other conditions.
No statewide statistics are showing exactly which jury duty excuses are requested most often. However, California court rules identify several situations that can qualify someone to be excused from jury service.
The court makes the final decision, and having a reason that appears to qualify does not necessarily guarantee an excuse.
- Caring for a Child or Dependent
Being responsible for the care of another person is one of the circumstances California courts can consider when someone requests an excuse from jury duty.
This can include people who have a personal obligation to provide necessary care for a child, a sick person, a person with a disability or an elderly person.
The key issue is whether there is a reasonable alternative for providing that care. If another caregiver is available, the court may determine that jury service would not create an undue hardship.
People requesting an excuse should be prepared to explain their caregiving responsibilities and why alternative arrangements are not practical.
- Severe Financial Hardship
Financial hardship can also be considered when someone asks to be excused from jury duty.
California courts can consider factors including household income, the expected length of jury service, jury compensation, and whether serving would make it difficult for the person to support themselves or their dependents.
California jurors generally receive $15 per day beginning on the second day of service. Some employers continue paying workers while they serve, while others do not.
Simply losing a day of work does not automatically qualify someone for an excuse. The court generally looks at whether jury service would create an extreme financial hardship.
- Work Obligations
A person’s job can make jury service difficult, but having a demanding job is not automatically a valid reason to be excused.
California’s rules distinguish between ordinary inconvenience and an actual undue hardship. An employer’s preference that an employee remain at work is generally not enough by itself.
If missing work would create an extreme financial problem for the employee or their dependents, however, the person can explain those circumstances to the court.
In some cases, a person who cannot serve on the scheduled date may be able to request a postponement instead of a permanent excuse.
- Medical or Mental Health Conditions
A physical or mental disability may provide grounds for an excuse when the condition prevents someone from safely performing jury service.
The court may ask for medical documentation explaining the condition, how long it is expected to last and why the person cannot serve.
The rules also provide different documentation requirements in certain circumstances for people age 70 and older.
Being 70 or older does not automatically mean a person is permanently excused from jury duty. Instead, age can affect the documentation required for certain medical-related requests.
- Transportation Problems
Not having a reasonable way to get to court can also qualify as an undue hardship.
California’s jury duty rules recognize situations in which a person does not have reasonably available public or private transportation.
The rules can also take into account unusually long travel times to the courthouse. A person who believes transportation makes jury service impossible should explain what transportation options are available and why they are not reasonably workable.
- Recent Jury Service
Some Californians may be excused because they recently served or reported for jury duty.
Under California’s current rules, a person who served on a trial jury or grand jury, or who was required to report for jury service in a state or federal court within the previous 12 months, generally must be excused if they request it.
This is different from a hardship request because it is based on the person’s recent jury service rather than their financial, medical or personal circumstances.
People who believe they qualify should still follow the instructions provided with their summons.
- Other Circumstances Recognized by the Court
California’s rules include other specific circumstances that can affect whether someone must serve.
The basic standard for an undue hardship request is whether serving would create a significant hardship that cannot reasonably be addressed through a postponement or other accommodation.
That means people should provide specific information rather than simply saying they cannot serve.
Documentation can be important. Depending on the reason, the court may ask for information from an employer, medical professional, or other person who can verify the circumstances.
What Is Not a Valid Excuse for Jury Duty?
Not wanting to serve on a jury is not a valid excuse by itself.
A vacation, a busy schedule, or ordinary work inconvenience may also not be enough to receive a permanent exemption.
However, some temporary problems may qualify for a postponement. Someone who has an important commitment on the date listed on their summons may be able to request a different date rather than asking to be permanently excused.
Anyone who receives a California jury summons should follow the instructions provided by the court. Ignoring a summons or failing to appear without an approved excuse can result in penalties.
Ultimately, the jury commissioner or court decides whether a person’s circumstances meet the requirements for an excuse.
For Californians wondering how to get excused from jury duty, the most important step is to identify the specific reason that applies, provide any required documentation and explain why the situation creates an undue hardship that cannot reasonably be solved another way.
