DH forgot jury duty

[niccig]

Update.
DH tried to call and got the automated system that said he couldn't change the date. There was no option to talk to someone. He spoke with our friend, who is a public defender, and he asked around and got the phone number of someone for DH to call. He got the date changed without any issues. We now owe our friend dinner at our place as a "thank you". We can go on vacation after all and it saved DH for having to go downtown and try to get it worked out.

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DH got served for jury duty and asked me to go online and postpone it. I did. I was on IM with him at the time and told him the new date, gave him the jury summons. Guess what...he didn't put it in his calendar, forgot to call in, so he missed it. He calls and gets automated phone service that says he'll be given another date. Guess what...it's during the holidays and we're out of town and the summons says as he missed the first one, they will not postpone to another day.

DH is POed. I tell him to call, try to get a person and see if he can sweet talk them into giving him the week before or after.

I don't know what will happen if he misses it again. Our friend who is a public defender says there's no way they can prove you get the summons, so he could just ignore this, not call this week as required to say you got it...but who knows what will happen.

And guess who's fault he's trying to make this out to be?? I told him I told you the new date, you didn't call, that's not on me.

[vludmilla]

I believe that you can be fined for not showing up for a jury summons.

[AshleyAnn]

Oh $h!t your post made me realize i got a jury summons and guess when i was supposed to appear...today. I just moved about a month ago so hopefully i can get this dealt with painlessly.

Good luck to your DH!

[niccig]

If he can't get someone on the phone, I think DH should go downtown to the courthouse to talk to someone. If he shows up to sort it out, then he's showing some remorse about missing it...otherwise, our vacation has to be cut short...crap.

[ett]

I personally do not think it is a good idea for your DH to lie about not receiving the summons when he really did. I don't care what the public defender says. I think your best bet is to call and talk to a person to see about getting it changed to another week. Sorry about the situation. It's totally not your fault.

[mjs64]

In CA, it's still possible to postpone even if you've done it already for the first summons. At least it was in my county. My DH did it a year or two ago. But they don't make it easy. I think you have to get someone on the phone and ultimately show proof (like a letter from your boss, not a court appearance or anything) that you can't make it on the new date. The county website, IIRC, was terribly organized, but I would look there first. Look carefully--they don't make this info obvious. Then call. Don't have him go to the courthouse quite yet. Good luck!

ETA: I'm remembering that DH postponed the 2nd time because he was scheduled to fly internationally. I think he had to send in proof of his itinerary or the ticket receipt or something like that. It wasn't that big of a deal, but he did get a scary looking notice from the court. In the end, he just did the service (but on a different--3rd--date). No fees, no extra appearance. I think they (the court) mostly want you to do the service--rather than levy fees, etc.

[hwin708]

I have the worst jury luck in the world, and have been called quite a few times. So here's my experience....

Courts all operate very differently, even within one city. For instance, one of the court systems here runs like a well oiled machine. They have the whole jury system mapped out perfectly. So if you came in holding a plane ticket for the days you need to report, they would just let you select from two other options (only 2) and send you on your way. No fuss, no muss, no debating over how many times you've done this. That is not their problem in the juror lounge, and they just do their job of assigning days.
The other court system, however, is a disaster. Very disorganized and EXTREMELY inconveniencing for jurors. You show up there with a plane ticket, and they look at you blankly and say that's not their job, they are just there to check you in on the dates you are assigned. No bargaining, no reason. They won't do anything to help you, their hands are (allegedly) tied.

So while I understand the advice to go in and throw yourself on the mercy of the court - some places really are just bogged down with bureaucracy, and there is no mercy to be found.

IMO, your best bet (assuming he absolutely can NOT do the new time) is to just ignore it and call to reschedule late. What you give as your excuse is entirely up to you - you can lie and say you never got the summons (and this actually does happen all the time) or you can just say you forgot. Honestly, while you may feel one story sounds more sympathetic than another, it matters little. Either you get a court where your reasons do not matter, they fine you no matter what, or you get a court where your reasons do not matter, they reschedule you without wasting more time.

I would also listen to any advice your attorney friend offers. It's amazing how quickly you can pick up on how to work the system just from spending a week in the juror lounge. An attorney who is regularly there should know best how that court deals with juror summons.

[niccig]

I would also listen to any advice your attorney friend offers. It's amazing how quickly you can pick up on how to work the system just from spending a week in the juror lounge. An attorney who is regularly there should know best how that court deals with juror summons.


DH is emailing our friend to ask. He'll do the service, he just wants to change the date..again. If worse comes to worse, he can come back early from vacation - it means changing his flight, but that is cheaper than the $1500 fine they said he'll get if he doesn't turn up.

[HannaAddict]

I really truly doubt he will be fined. Here they send a mean letter saying you will GO TO JAIL if you miss jury duty yadda yadda yadda and quote the statute etc. This is true, if you are a terrible scofflaw but only after a hearing and many other hoops are jumped through. With a fine, I would bet they have to prove he received a new summons, did he, or did you just verbally tell him the new time from your phone call? Did they actually send a new summons? I went to Maui when scheduled for jury duty, the summons was in a stack of mail. I had no problem with rescheduling but got the mean letter. Funny too since I will never make it on a jury, former Biglaw attorney, former PD investigator and then public defender and president of an Innocence Project "chapter" (no funding!), married to the managing partner of a plaintiff's civil law firm. I'm always the first or second bump. But I have no problem going, but it can be inconvenient. I would go on vacation, call when he returns and tell them his wife had called to reschedule but he didn't write it down and didn't receive a summons, when is he supposed to serve? Apologize for missing it, so sorry to have been out of town, and ask for next available date they have and then show up. That's my advice. The low level functionaries they have manning the phones are sometimes able to make good calls on what you should do (I've had great jury coordinators) but some are awful and just read the script that you have to come or face exile . . . Good luck and enjoy the vacation and don't feel badly. If they do send a summons or mean letter before you leave, write to them via snail mail, keep a copy too, and explain you will be out of town but happy to reschedule for the next date after ___ date when you return.

[niccig]

With a fine, I would bet they have to prove he received a new summons, did he, or did you just verbally tell him the new time from your phone call? Did they actually send a new summons?

He received a summons a couple of months back, didn't want to do it because of work. I rescheduled it for him and told him over instant message the new date. He did not get a new summons for the new date - which is odd as when I postponed mine earlier in the year, I was sent a 2nd summons for the new date.

DH realised the week after he was supposed to serve- he was calling to register as thought it was the week after Thanksgiving, not the week of Thanksgiving. Automated message on the phone said they would send another time. We got a new summons and this new time is in middle of Christmas Holidays and we're out of town. He wants to change it to the following week, but this summons says no date change allowed.

He's hoping he can call and get it changed or our public attorney friend can give some advice. I like the idea of sending a snail mail letter with copy of our flight details saying he can't do it as out of the state, and need to change it - then have to wait for them to contact us rather than get someone on phone that says can't do that. It's only 2 weeks away as well.

[Tondi G]

they don't send jury summons signature required.... it is mailed with everything else. They cannot 100% guarantee that you have received said summons. what if someone was tampering with mail (happens all the time, especially during the holidays people are desperate and looking for cash in cards!) and somehow that summons got lost. Sure, they say they will fine you if you don't show..... I would tell em to Prove it. Prove the summons was delivered. They can't. After you return from the vacation I would give a call and schedule a convenient time for him.

[TwinFoxes]

I had a similar situation. If I remember correctly, there's a number for the jury room deep inside the phone queue system. I called, explained the whole "just had twins in the NICU" and got a postponement. This after I had postponed twice for work and getting the "no more postponements!" letter, and I called either the day I was supposed to report, or later. I wasn't trying to be a scofflaw, I've always wanted to serve. I was in LA county, I don't know if that's your's.