- First, search for legal exemptions to see if any apply
- If serving will cause financial or medical hardship, explain this and request an excusal (be prepared to show documentation)
- Don’t lie – if you’re caught, you could be fined or held in contempt of court
Very few of us enjoy spending time on jury duty, but for some people, serving is more than just an inconvenience. It can create a very real hardship. In such instances, there are several ways to get out of jury duty.
But before you don a prison jumpsuit costume or fake suffering from post-traumatic stress disorder, there are some points to consider. First, getting out of jury duty and not getting picked for jury duty are two separate issues (Don’t worry, I’ll explain both.)
The easiest way to get out of jury duty altogether is to qualify for an exemption or present a medical excuse. Otherwise, if you have to show up for jury duty but don’t want to get picked, be honest and say you don’t want to do it. Lawyers don’t want to choose people who obviously don’t want to be there.
How to Get Out of Jury Duty in Texas
If going to court as scheduled is a problem for you, check to see if you’re eligible for an exemption. This will be the simplest way to get out of serving.
Legal Exemptions from Jury Duty in Texas
Texas law includes exceptions for people whose circumstances make it difficult – or impossible – to serve. These people can request an exemption:
- Are you age 75 or older?
- Do you have legal custody of a child younger than 12 years of age, and would your service on the jury require leaving the child without adequate supervision?
- Are you a high school student?
- Are you enrolled and attending an institution of higher education?
- Have you served as a juror in the county during the 24 to 36 months preceding the date you are required to appear for this summons? (Typically, the two-year exemption applies in counties with a population of 200,000 or more, and the three-year exemption is for residents of counties with populations higher than 250,000)
- Are you the primary caretaker of someone who cannot care for themselves?
- Do you serve as an elected official or a government employee?
- Are you an active duty military service member deployed and away from your county of residence?
If you don’t qualify for a complete exemption, you can usually request a one-time delay. However, if you live in a major metropolitan area, you’ll automatically get a new date to appear, and delaying may only buy you a few extra weeks.
Show Medical or Financial Hardship
Though these aren’t technically exemptions, you’ll likely be dismissed from jury duty if you can prove that it would cause you undue hardship for financial or medical reasons.
Financial hardship: Employers aren’t required to pay you for time spent on jury duty. If you’re one of the 78% of Americans who live paycheck to paycheck, you can present pay stubs, tax returns, and/or a copy of your employer’s jury-pay policy. Provide written documentation that you’ll lose wages for any time spent on jury duty.
Medical hardship: If you have a chronic medical condition or require timed medication or consistent care, you’ll likely be dismissed from jury duty. Call the court once you’ve received your juror summons and explain the situation. Be prepared to show written documentation from your doctor. If you’re still required to appear on your summons date, bring a doctor’s note explaining your condition and why juror service is potentially problematic.
Other Valid Ways to Get Out of Jury Duty
Other circumstances may potentially make you eligible for an exemption or dismissal:
Non-residency: If you’ve moved and currently reside outside the jurisdiction you’ve been summoned, you can request dismissal, which will be approved.
Prior jury service: The larger counties in Texas will exempt you from appearing again if you’ve served in the past two to three years. However, this only applies to county jury duty. If you’re summoned for municipal or federal jury duty, the exemption won’t apply. If you recently served, review your county’s policy.
How to Avoid Getting Picked for Jury Duty
Getting out of jury duty and not getting picked for jury duty are two separate issues. An exemption or evidence of hardship can often prevent you from having to appear at all. But not everyone will be able to get out of it quite so easily.
If none of the above apply to you, you may have to appear in court on your scheduled appearance date and go through the jury selection process. You’ll have to deal with the inconvenience of going to court, but there are still ways to be excused from juror service.
The jury selection process is known as voir dire. During this process, the judge, prosecutor, and defense attorney will ask you questions. Generally, the most effective way to avoid being picked is to express strong opinions during this time. You can try citing other reasons, such as work, childcare, impending travel, etc., but depending on the circumstances, the judge may tell you tough luck.
Strategies you often see on TV, including dressing inappropriately or being sarcastic during questioning, could get you sent home for the day and ordered to return on another date. You could even be fined or jailed if a judge decides your conduct was “disrespectful.”
- Show potential bias: Attorneys want jurors who can be impartial. They will dismiss you if they believe you can’t be fair or that your life experiences have given you preconceived notions about the crime or the defendant.
- Express disinterest: If you appear disinterested or inconvenienced, attorneys may fear you won’t be attentive during the trial.
- Show excessive interest: On the flip side, if you ask many questions or show an unusual interest in the case or the process, attorneys may fear that you’ve already drawn some conclusions.
- Imply distrust of police: Many criminal trials involve police testimony. If you have reason to question police actions, you’ll probably be dismissed. This won’t apply to civil cases, though.
- Question the legal system or the jury process: Expressing skepticism about the trial system implies that you may not follow instructions. This could lead to a mistrial.
- Imply that you’ve already decided: Make it clear if something occurred in your past that may have caused you to form an opinion on the case. For example, if you’re being questioned for a DWI case but were injured in an alcohol-related accident in the past, it may cloud your judgment.
- Are you an expert in your field? If you have expertise in a topic related to the case, you’ll probably be dismissed.
- Detail upcoming travel plans: If you’re traveling for work or personal reasons, you may have made non-refundable arrangements, such as plane tickets or prepaid hotel bookings. Be prepared to show evidence.
- Express strong religious beliefs: Some people have beliefs that discourage you from judging others, or have strong beliefs about right vs. wrong. This can affect your impartiality.
- Say you have no religious beliefs: Though religion is not supposed to be a factor when considering jurors, atheists and agnostics are often released from jury duty due to negative perceptions.
- Express strong opposition to the death penalty: This will only matter in capital cases, but those who feel strongly that the death penalty is wrong are unlikely to be chosen for a case involving the death penalty.
- Know your rights: This one is a final Hail Mary if nothing else has worked. 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’s entirely legal, it’s a nuisance to the prosecution and the court.
Additionally, sometimes, your career may be enough to get you excused. Lawyers, court employees, journalists, ministers, and cops are among the workers who may be less-than-ideal picks for one side or the other.
How to Request an Exemption from Jury Duty
- Review the summons: When you receive a summons in the mail, it typically includes instructions on requesting an exemption. You can submit your request online and get an answer faster — sometimes within a day or two.
- Make a written request: If you’re requesting a one-time delay (hoping you won’t be reassigned a new appearance date), don’t submit your request online. With an online request, many counties will immediately grant the delay and assign you a new date to appear. If you submit your request in writing, there’s a better chance of being able to slip through the cracks.
- Appear in court if necessary: If you don’t hear that you’ve been excused, you may still have to appear on your scheduled service date. However, you can explain your reasons for your inability to serve to the judge during the selection process, and they will consider your situation when interviewing potential jurors.
Some jurisdictions will allow you to reschedule jury duty and may even allow you to choose your service date. Pick a Friday or the day before a holiday if given a choice. Trials are less likely to start on those dates.
READ MORE: What is a mistrial?
Always Be Honest
Almost 10% of people admitted lying to try to avoid jury duty. While a white lie that exaggerates your personal opinions or beliefs probably won’t get flagged, other efforts could result in perjury charges or contempt of court.
This includes:
- Claiming you’ve committed a felony in the past
- Requesting an exemption for travel when you have no travel plans
- Asking your employer to write a false letter on your behalf
- Falsely claiming you care for a child or elderly family member
- Falsely claiming a medical exemption
- Claiming you never received the summons in the mail
If you submit a false exemption and get caught, you can be found in contempt of court and fined $100 to $1,000. Policies vary by county.
If you fail to respond to the summons or appear for jury duty without a reasonable excuse, you could be fined between $100 and $500.
READ MORE: Common courtroom objections
Real Ways People Have Gotten Out of Jury Duty
- One potential juror was a well-known drag performer, and too many people in the jury pool knew who they were.
- One said that he could be unbiased about the defendant, but that his attorney seemed smarmy and dishonest – they were instantly dismissed.
- As the prosecutor asked jurors questions, one guy said, “The defendant is pretty hot, and that’s gonna cloud my judgment.”
- The attorney asked prospective jurors if they could handle viewing pictures of the alleged acts. One elderly woman replied, “Well, if you’ve got pictures, what do you need us for? Lock him up!”
- One said they don’t believe fingerprints are unique.
- In a foreclosure case, one juror was asked if they’d ever had an account with Mellon Bank. “No, but is it a problem that I worked for the Mellon family for ten years…?”
