
It is possible to get out of jury duty in California if you meet certain conditions. While many people dread being called for jury duty, it is an extremely important part of our justice system, especially in civil matters such as personal injury cases and in criminal proceedings.
Serving on a jury gives you the important duty of helping to resolve claims and lawsuits and determine which facts are true. If you really need to get out of jury duty, keep reading below to learn how you may be able to do so.
How Are Potential Jurors Selected?
You may have heard someone say that they don’t vote because they don’t want to get called for jury duty; however, this is a common myth that potential jurors are selected only from state voter records. The truth is that prospective jurors in California are selected from more than just voter records.
In California, the courts use lists provided by both the Secretary of State and the Department of Motor Vehicles. This includes:
- Registered voters
- State tax filers
- Holders of a driver’s license
- Holders of a California identification card
Names are drawn at random from the master list consisting of all these individuals. Upon receiving a jury summons, the potential jurors must complete a juror qualification questionnaire to determine whether they qualify to participate in the jury process.
Juror Qualifications in California
To serve on a jury in California, you must meet certain requirements. Potential jurors must:
- Be a United States citizen
- Be at least 18 years old
- Be a resident of the county or district that sent the summons
- Be able to understand English well enough to hear the case
- Be legally competent
- Not be currently serving on another jury
If you do not meet these basic criteria, you may be dismissed from jury service.
Exemptions to Jury Service in California
There are several exemptions that may get you out of jury duty, and you likely can get out of jury duty if you meet any of the following criteria:
- You are at least 70 years old
- You must travel at least 1 ½ hours from your home to court
- You have no means of transportation to get to and from court
- You have a physical or mental impairment or disability (doctor’s note usually required)
- You are an active-duty member of the Armed Forces
- You have a non-professional obligation to provide full-time care for a child or elderly person
Some people wrongly assume that there are automatic exemptions for certain professions, such as doctors and lawyers. This is simply not true. While some of these excuses may be submitted prior to your summons date, others must be presented and approved by the judge on the day you show up for jury service.
Are Jurors in California Paid?
Yes, jurors in California do receive payment, although it’s not much. Jurors typically receive $15 per day starting on the second day of jury service, and you can also receive $0.34 per mile for travel expenses for the round-trip mileage from your home to the court.
A new pilot program in California has experimented with paying some jurors $100 per day.
What Happens if I Don’t Show up for Jury Duty?
Juries are essential for resolving many types of cases, including car accidents, wrongful death claims, and criminal matters. If you ignore a jury summons, you may receive a “Failure to Appear” notice on your record. In many cases, you can correct this by contacting the court and rescheduling your service, which can remove the offense.
However, if you fail to reschedule or miss your new date, the consequences can become more serious. You may be held in contempt of court and face penalties such as fines or even jail time. To avoid these issues, it’s important to either appear for jury duty as instructed or request to be excused.
Contact Mercado Kramer, LLP To Schedule a Free Consultation With a Monterey County Personal Injury Attorney
Overall, while it may be possible to be excused from jury duty under certain circumstances, it remains an important civic responsibility that supports the justice system. If you receive a jury summons, it’s important to respond appropriately—whether by serving, requesting an exemption, or rescheduling—to avoid potential penalties.
For more information, please contact our experienced California personal injury attorneys at Mercado Kramer, LLP, for a free consultation. We have offices in Salinas and San Jose, CA, and we serve throughout Monterey County.
Mercado Kramer, LLP.
450 Lincoln Ave Ste. 102, Salinas, CA 93901
(888) 311 4050
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