What You Need to Know About Jury Duty Excuses in California
A potential juror may be excused from jury duty if such duty will cause undue hardship. Here are jury duty excuses in California.
What is Jury Duty?
Jury duty is when a U.S. citizen is called to serve as a juror in a court proceeding. Each district court randomly selects citizens’ names from a list of registered voters and licensed drivers residing in that district. Those randomly selected then complete a questionnaire to help determine if they are qualified to serve on a jury. Those who qualify will be randomly chosen to be summoned to appear for jury duty. Random selection serves to ensure that jurors represent a wide array of the community, without regard to race, gender, national origin, age, or political affiliation.
California Rules of Court Policy on Jury Duty Excuses
California’s Rules of Court Rule 2.1008 (d) outlines acceptable excuses from jury service. Jury service, unless excused by law, is considered a responsibility of citizenship. California Code of Civil Procedure Section 204 states that no person is exempt from jury duty unless a jury commissioner allows it on grounds of undue hardship. Grounds for undue hardship are as follows:
- The potential juror has no way of getting to the court—either by private or public transportation,
- The potential juror would have to travel a far distance to get to court. California Rules of Court hold that the travel time must be more than one-and-a-half hours from the potential juror’s home to the court for it to be an excuse,
- The potential juror will have an extreme financial burden because of being a juror. The courts take into consideration the potential juror’s sources of income, their availability and extent of income reimbursement, their expected length of service, and whether jury duty can reasonably be expected to compromise the potential juror’s ability to support themselves or their dependents,
- The potential juror will have damage or destruction of property if they were a juror. In determining whether to excuse a potential juror, courts must consider the nature of the property, the source and duration of the risk to the property, the probability that the risk to the property will be realized, the reason why alternative arrangements to protect the property cannot be made, and whether the damage or destruction of the property will disrupt the economic stability of the potential juror,
- The potential juror has a physical or mental disability or impairment which would expose them to undue risk of mental or physical harm,
- The potential juror’s services are immediately needed for the protection of public health and safety, or
- The potential juror has a personal obligation to provide actual and necessary care to another, including someone who is sick, aged, a dependent, or a child who requires their care and attention.
Additionally, one must be excused from jury duty if the potential juror has served on a grand or trial jury or was summoned and appeared for jury duty in any state or federal court in the last 12 months.
Related: How to Get Out of Jury Duty in California
Common Jury Duty Excuses
- A potential juror will not be paid for time spent on jury duty and their family cannot afford to lose the income.
- A potential juror is a student at a university and being involved in jury duty would make them miss numerous classes. Missing numerous classes will prevent them from graduating, thus, jury duty can present an undue hardship.
- A potential juror is recovering from surgery, and they cannot sit for long periods of time.
- A potential juror is the sole provider for their young family member and no other options are available to have someone step in to help.
- A potential juror claims they are strongly opinionated and that they will always side with the police.
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