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View Full Version : Jury Duty - need help getting out of it



mom2one
04-15-2013, 01:32 PM
DOes anyone know how to get out of serving on jury duty? My DH is up again to serve in May. He is a workaholic and there is never a good time for something like this to happen (same goes for vacation, but that probably goes in the BP).

We are in the state of CA and he can request a different week 90 days out, but as I stated that is not a good time either for him. I am hoping there is someway he can just avoid going and maybe he can worry about this is 2014 or later.

Thanks for any help or ideas.
Susan

Aishe
04-15-2013, 01:37 PM
I imagine it varies by county. We are in LA County and it's nearly impossible to get out of it. My guess is that he probably just needs to suck it up and serve.

scrooks
04-15-2013, 01:38 PM
I would probably just serve and get it over with. I don't know about California but here in Ohio even if you are summoned you very rarely get called in and it's even more rare to serve on a jury. It may just involve making a daily phone call for a week and nothing more...

I also thought places of business HAD to let you serve if called (but I don't know that for sure).

ray7694
04-15-2013, 01:39 PM
The only way you can get out of it here is if you have a conflict. I was able to get out of it when I had college classes.

If he can't get out of it I would pick a holiday week as IME those are the ones least busy and don't report.

Aishe
04-15-2013, 01:43 PM
I would probably just serve and get it over with. I don't know about California but here in Ohio even if you are summons you very rarely get called in and it's even more rare to serve on a jury. It may just involve making a daily phone call for a week and nothing more...

I also thought places of business HAD to let you serve if called (but I don't know that for sure).

Yeah, it's different in CA, at least where we are. You are on call for a week and I've never not been called in to serve. And I've always had to go in for jury selection (but I've gotten out of serving for various reasons). Some employers have jury duty policies (I've always worked for universities which allow 10 days of paid service), but I don't think it's legally required.

♥ms.pacman♥
04-15-2013, 01:49 PM
i agree with pp that i woudl just suck it up and serve. chances are he may not even get called. i got summoned for a date during my FIRST week of work. the night before it said i had to appear and i had already told my boss i'd have to miss work. luckily, the morning of, i checked and it said i didn't have to appear. Phew!!

at least in TX, legally your employer has to allow you to miss work for jury duty. however i agree it's a hassle.

Mikey0709
04-15-2013, 02:03 PM
Different case here - - i'm in Pennsylvania (Philly suburbs - Chester Co).

My husband received the notice to serve and we had to fill out forms online. It gave the date he was to report and we reported online it would be a hardship for the following reasons:

1 - Childcare - responsible for childcare for both preschool and school age children that day during business hours. Would have to hire additional childcare if selected.
2 - Would provide financial hardship giving up a day's salary and having to accept the minimal jury duty pay. ($9.00/day in Pennsylvania)

Luckily he was excused!

Good luck!

Tondi G
04-15-2013, 02:04 PM
uugh ... my husband got a jury duty notice. Went downtown. spent an entire day sitting in a room doing nothing (and paying for parking) and then was released. The biggest waste of time.

pb&j
04-15-2013, 02:05 PM
It's the price of being an American citizen. I think it's a pretty good bargain, personally.

Jury duty is inconvenient for everyone selected, that's just how it is. There are precious few legitimate reasons for being excused from service.

ang79
04-15-2013, 02:33 PM
I got excused when I was exclusively breastfeeding our first daughter and she wouldn't take a bottle (not even from DH). So I wrote that if I went, she had to come with me :) They excused me. But I don't think that excuse will work for your DH:rotflmao:

abh5e8
04-15-2013, 02:37 PM
well...certain jobs do get excused. dh and I have always been excused, and probably summoned 4-5 times between the 2 of us. i was also going to ask about breastfeeding (before i realized it was your dh and not you :))

mikala
04-15-2013, 02:40 PM
It's the price of being an American citizen. I think it's a pretty good bargain, personally.

Jury duty is inconvenient for everyone selected, that's just how it is. There are precious few legitimate reasons for being excused from service.

Well said. Who would we be left with if everyone with something better to do found a way out? I'm envisioning jury boxes full of 18 year olds that think it's a cool way to make $20/day and get out of high school. Eek.

There are definitely legitimate excuses where it's a real hardship like the breastfeeding situation above but I don't know that "workaholic" qualifies.

georgiegirl
04-15-2013, 02:50 PM
Same thing happened to my father (LA county). He travels a lot and makes court appearances, so none of the dates worked out for months. Finally he talked to someone and they suggested he pick the week right after Christmas. They said no one picks juries that week, and he was able to just call in every morning and he never had to show up. So maybe requesting a holiday week?

rlu
04-15-2013, 02:54 PM
Most of the time I'm selected for jury duty (I'm in CA too) I just call in. In 20 years I have only had to report three times - my pool was dismissed once from the waiting room, once I served (defendant plea bargained mid-case), and the third (the pink poodle murder I've mentioned here before) I was excused due to financial hardship (the trial was expected to last several months and work policy would only cover a certain number of days).

Personally I'd suck it up and serve. If I got called in I'd take a few good books and try not to stew about what else I could be doing. I did find the trial I served on interesting (but then, my mom raised me on Perry Mason).

eta: FIL was a retired Deputy Sherriff, he was always excused by the defendant's lawyer until he was issued a permanent exemption.

mom2one
04-15-2013, 02:55 PM
Same thing happened to my father (LA county). He travels a lot and makes court appearances, so none of the dates worked out for months. Finally he talked to someone and they suggested he pick the week right after Christmas. They said no one picks juries that week, and he was able to just call in every morning and he never had to show up. So maybe requesting a holiday week?

I was thinking having him sign up to go the week of July 4th would be his best bet. I think the holiday thing is also a great idea. Now I just have to convince him to do this. I also agree he needs to suck it up and just do it, but work is so stressful and taking time off just stresses him and me out more.

BayGirl2
04-15-2013, 02:56 PM
I'm in CA too and I've never had to go in. DH did once, for half a day. But as I understand it different counties have different likelihood of needing jurors so YMMV.

BTW CA actually does grant a 1 year delay for breastfeeding mothers. Not an issue here, but I appreciate that they do that with no questions asked.

Liziz
04-15-2013, 10:31 PM
It's the price of being an American citizen. I think it's a pretty good bargain, personally.

Jury duty is inconvenient for everyone selected, that's just how it is. There are precious few legitimate reasons for being excused from service.

:yeahthat: Very well said.

JBaxter
04-15-2013, 11:28 PM
When I as in MD I got excused several times.
1 ~ single mom and I would not get paid for jury duty Finaincial hardship
2 ~ infant under 6 months
3~ Sole child care provider.
4 breast feeding and sol child care provider.

bigpassport
04-15-2013, 11:32 PM
I was lucky enough to serve on a jury in my first year of law practice. As an attorney, I will likely never be chosen to sit on a jury again. It was a great experience. Aside from being our civic duty, it is very educational to see the trial process from start to finish. Yes, it's a burden timewise and often financially, but IMHO everyone should serve on a jury at some point in their life.

That being said, as an attorney, I have seen a lot of the reasons people get out of jury duty. The main ones are being the ONLY person available to care for a child (like no family in town, no friends, and can't afford day care) or for a sick elderly person or family member. Recent death of a spouse might do it. A pre-planned uncancellable vacation might do it (only because the attorneys don't want someone who resents the trial ruining their vacation on the jury). Work obligations generally will not do it.

The other thing that does it is bias. Generally, during voir dire, the attorneys will give you some information about the trial. A potential juror who expresses extreme bias might get kicked off. That being said, the judge will probably look you straight in the eye and say, "Can you put your personal feelings aside, listen to the evidence, and do your best to be impartial?" I am always shocked when I think for sure someone has gotten himself out of jury duty for bias, be asked directly by the judge to be impartial, and then they buckle and say yes they can. I think people have a hard time lying to a judge.

As far as timing, we have jury trials starting at all times of year. The court is closed on holidays, but trials start the day before and the day after holidays.

This is all in my state which is not CA. Good luck to DH, OP!

Tenasparkl
04-15-2013, 11:52 PM
I'm in CA too and I've been called to report and so have many people I know. There's one criminal court in downtown LA that if you get the summons you can be sure you'll have to go (and will most likely get called to a courtroom before the end of the day). There are some scary cases in that courthouse. I was thrilled to get excused from the case I got called for!

lcarlson90
04-15-2013, 11:55 PM
I am in Los Angeles county and in my experience they will not excuse you over the phone. You have to go down to the court (if you are called) and then once you are called into a courtroom you can plead your case to the judge. In my opinion if you have to go through all that hassle you may as well just serve the time because in most cases you are done with your service in a day anyway.

niccig
04-16-2013, 03:51 AM
I'm in CA too and have gotten jury duty for last 2 yrs. Depending on the court, you can postpone a certain number of times, then you must serve. The judge was not kind to those that said they were too busy or said bias. They moved the bias people to civil court,, the busy people were not excused and told to make time for their civic duty. A sole caregiver of an elderly family member, and sole business owner were only ones excused. So unless your DH's work will cease to function if he is not there, he probably won't be excused.

Postpone to holiday week, and hopefully he just has to call in. If he does have to report, he can take laptop and work. He may not get on a panel, and it will be over in a day.

Cam&Clay
04-16-2013, 07:26 AM
It's a PITA, but we all have to do it. And we should do it. Breastfeeding moms and sole caregivers have good excuses. Being busy is not an excuse. Everybody's busy.

I have been called no fewer than 7 times and have yet to serve on a jury.

emily_gracesmama
04-16-2013, 08:00 AM
[QUOTE=Cam&Clay;3773218]It's a PITA, but we all have to do it. And we should do it. Breastfeeding moms and sole caregivers have good excuses. Being busy is not an excuse. Everybody's busy.

Agreed and I hated going but did it!

wellyes
04-16-2013, 08:16 AM
Does he own his own business? If he can prove it's a financial hardship for him to leave his private business, he may be able to get out.

If he is employed by someone else, no dice.

ett
04-16-2013, 09:51 AM
It's a PITA, but we all have to do it. And we should do it. Breastfeeding moms and sole caregivers have good excuses. Being busy is not an excuse. Everybody's busy.


:yeahthat:

queenmama
04-16-2013, 10:29 AM
It's the price of being an American citizen. I think it's a pretty good bargain, personally.

Jury duty is inconvenient for everyone selected, that's just how it is. There are precious few legitimate reasons for being excused from service.



Well said. Who would we be left with if everyone with something better to do found a way out? I'm envisioning jury boxes full of 18 year olds that think it's a cool way to make $20/day and get out of high school. Eek.

There are definitely legitimate excuses where it's a real hardship like the breastfeeding situation above but I don't know that "workaholic" qualifies.

I agree with these.

I did excuse myself the one time I was summoned. I didn't have childcare or even school pickup for DS. DH works 12-hour shifts and the summons came from a court 2 hours away.


Lara

lisa56308
04-16-2013, 12:28 PM
I'm in MN and you're "on call" for a 3 month period(district court-don't know what it is for federal). I was called 3 times during that period. First one I was on the jury, second one I just missed serving on the jury as I was the last one excused and the third I was excused because I had recently had knee surgery. I said I didn't think I could sit for 4-5 days w/o a lot of fidgeting and movement and I didn't want to be a distraction.

babyonbrain
04-16-2013, 01:46 PM
I'm curious about the pay for jury duty. My husband is the sole breadwinner and we have a middle class income. If he were to be called for jury duty what kind of pay could we expect? If it was a day, it wouldn't be too big a hit on our budget, but a multiday trial would be a problem. We don't mind serving, in fact we think it would be really interesting, but we are worried about financial problems that could arise.

emily_gracesmama
04-16-2013, 01:51 PM
Ugh I got 9 for my day it didn't cover my lunch. I'm in PA but luckily I didn't get docked pay for the day or I'd have been really not happy.

psimpson3-5
04-16-2013, 01:53 PM
Different case here - - i'm in Pennsylvania (Philly suburbs - Chester Co).

My husband received the notice to serve and we had to fill out forms online. It gave the date he was to report and we reported online it would be a hardship for the following reasons:

1 - Childcare - responsible for childcare for both preschool and school age children that day during business hours. Would have to hire additional childcare if selected.
2 - Would provide financial hardship giving up a day's salary and having to accept the minimal jury duty pay. ($9.00/day in Pennsylvania)

Luckily he was excused!

Good luck!


I'm also in Chester County. I just very recently received a notice. I completed the questionnaire online. In the comments section, I let them know that my mother was visiting from Utah and hadn't seen DS since he was born. I would have served yesterday (Monday) in fact. I also let them know that DS's baptism and first bday party was 4/14 (Sunday). I just requested it be postponed. While this may seem trivial, I was able to get out of it. I will need to serve in May, however.

BunnyBee
04-16-2013, 01:55 PM
I'm curious about the pay for jury duty. My husband is the sole breadwinner and we have a middle class income. If he were to be called for jury duty what kind of pay could we expect? If it was a day, it wouldn't be too big a hit on our budget, but a multiday trial would be a problem. We don't mind serving, in fact we think it would be really interesting, but we are worried about financial problems that could arise.

It depends on the court. You can look it up on your county/district website. Some employers pay you as usual if you are serving on a jury; some deduct the amount of jury compensation.

Federal court is $40/day, with exceptions:
http://www.uscourts.gov/FederalCourts/JuryService/JurorPay.aspx

zukeypur
04-16-2013, 02:53 PM
I believe it's called Jury Duty because it's your duty as a citizen to serve. That being said, I did get out of it once because I had *just* had a baby and was breastfeeding, but I have gone in a few other times. I have never actually served on a jury.

BabbyO
04-16-2013, 03:01 PM
I must be the only person in the world who WANTS to serve on Jury Duty. I think it would be really interesting. I've been summoned only once and it was to federal court. Unfortunately it was for a few days after I was due to have Stachio. I called to see if I could serve at a later date and they just gave me an exception since it was so close to my due date. I've never been summoned since and DH has never been summoned. Yet I know people that live in the same area that have been summoned multiple times....it always makes me wonder how random the summons notices are?

stinkyfeet
04-16-2013, 03:25 PM
I recently got summons to Jury Duty. I was excused because I was late in my third trimester of pregnancy, planned on BF, and was the sole childcare provider for my kids. I had to send in a letter from my OB regarding my pregnancy status and history of extended BF.

But yeah, I was thinking that it would be a nightmare having to arrange childcare if I did have to go in--especially with a BF infant!

AnnieW625
04-16-2013, 03:49 PM
It's the price of being an American citizen. I think it's a pretty good bargain, personally.

Jury duty is inconvenient for everyone selected, that's just how it is. There are precious few legitimate reasons for being excused from service.

:yeahthat: I haven't been called in over 4 yrs. so my time is up. and I postponed that service until October, 2009 and I did finally serve, but got off because I was suppose to be a witness in a case for work, but had I not had that excuse I might have been stuck. I get my full pay while on jury duty. I was last called before that in September, 2006 and was chosen as a juror. It was a 5 day trial, but lasted 3 days.

Oh and if you are in LA County I believe you can switch courthouses as well so the next time I get chosen I am switching my courthouse to one with free parking and smaller dockets where I served in 2006.

jjordan
04-16-2013, 04:32 PM
I must be the only person in the world who WANTS to serve on Jury Duty. I think it would be really interesting. I've been summoned only once and it was to federal court. Unfortunately it was for a few days after I was due to have Stachio. I called to see if I could serve at a later date and they just gave me an exception since it was so close to my due date. I've never been summoned since and DH has never been summoned. Yet I know people that live in the same area that have been summoned multiple times....it always makes me wonder how random the summons notices are?

Actually, if everyone got summoned with the same frequency, then THAT would be evidence that the summons are not random. Different people getting summoned with different frequencies is bound to happen if the selection is truly random. I mean, try rolling a regular dice 24 times. It is unlikely that you'll end up with each number showing up exactly four times.

To the OP - I'm in agreement with those who are saying he shouldn't try to get out of it. Everyone's busy, so if that's his only excuse, then it's not good enough.

niccig
04-16-2013, 05:05 PM
I'm curious about the pay for jury duty. My husband is the sole breadwinner and we have a middle class income. If he were to be called for jury duty what kind of pay could we expect? If it was a day, it wouldn't be too big a hit on our budget, but a multiday trial would be a problem. We don't mind serving, in fact we think it would be really interesting, but we are worried about financial problems that could arise.

Depends on the court how much you get paid per day. A friend is a public defender and he told me that for longer trials, the jury is usually made up of people who get paid time from work to be on a jury.

NCGrandma
04-16-2013, 05:15 PM
Years ago, my mother was on a grand jury (in NJ, I think), and had to serve for something like 3 months -- not be on call, but actually go in most every day FOR MONTHS. She said it was really interesting but it got tedious after a while. She did not work outside the home, but I can't imagine how most people would have managed.

kdeunc
04-16-2013, 05:38 PM
I must be the only person in the world who WANTS to serve on Jury Duty. I think it would be really interesting. I've been summoned only once and it was to federal court. Unfortunately it was for a few days after I was due to have Stachio. I called to see if I could serve at a later date and they just gave me an exception since it was so close to my due date. I've never been summoned since and DH has never been summoned. Yet I know people that live in the same area that have been summoned multiple times....it always makes me wonder how random the summons notices are?

:waving4: I totally want to serve on a jury. I have been called one time in my home county when I was away at college. DH served last year and said everyone should experience being on a jury at least one time.

wellyes
04-16-2013, 05:40 PM
Years ago, my mother was on a grand jury (in NJ, I think), and had to serve for something like 3 months -- not be on call, but actually go in most every day FOR MONTHS. She said it was really interesting but it got tedious after a while. She did not work outside the home, but I can't imagine how most people would have managed.
My mom was on a grand jury too. I imagine its mostly retired folks.

My employer compensated for up to 2 weeks of jury duty (in other words, you got paid as if you were coming to work). I didn't realize that was uncommon.

wellyes
04-16-2013, 05:41 PM
:waving4: I totally want to serve on a jury. I have been called one time in my home county when I was away at college. DH served last year and said everyone should experience being on a jury at least one time.
I was on a jury and it was fascinating. But it was also hard. Real people, there were tears, we had to make a decision and you can never be 100% certain.

JElaineB
04-16-2013, 07:47 PM
My mom was on a grand jury too. I imagine its mostly retired folks.

My employer compensated for up to 2 weeks of jury duty (in other words, you got paid as if you were coming to work). I didn't realize that was uncommon.

I work at a public university and we get paid our regular salary for jury duty for any length of time. We just need to turn over any pay received from jury duty to the university, other than reimbursements for travel expenses or personal expenses. The same rule applies if we get called as a witness.

Cam&Clay
04-16-2013, 07:56 PM
I thought employers had to pay you your normal wage for jury duty. And I have never heard of having to turn in the pay you receive for jury duty to the employer. Is that common?

ellies mom
04-16-2013, 08:09 PM
I was on a federal jury back when I was single. The case lasted for 9 days but had the potential to last longer. It was actually really cool. It was interesting to see how the lawyer presented his arguments and how stupid he clearly thought we were. I learned a lot about construction requirements for safe roads, county finances and marijuana impairment. On a serious note, it was also tragic because the accident ruined a young man's life and neither he nor his family had the necessary resources to really deal with it.

My company paid us for jury duty and because they were used to jury duty checks being less than $50, they told me to not worry about it. So, I came out of it $400+ ahead ($40/day plus mileage). A few of the people I was on the jury with were manager types and even they still did some work after hours. I just had to deal with the occasional late night phone calls from co-workers who needed my help with calculations.

I wouldn't try to get out of jury duty unless I had a compelling reason because it is one of the responsibilities we have. And I don't think being a workaholic really counts.

TwinFoxes
04-16-2013, 09:38 PM
I thought employers had to pay you your normal wage for jury duty. And I have never heard of having to turn in the pay you receive for jury duty to the employer. Is that common?

A lot of places of employment don't pay at all, it seems common to pay for two weeks. My former employer paid unlimited. We had to turn in our jury stipend ($20) to the company. I never get picked. I've never even made it to voir dire. :(

I am agreement with those who say it's your duty as an American. It is so little a price to pay.

Momit
04-16-2013, 09:49 PM
:waving4: I totally want to serve on a jury. I have been called one time in my home county when I was away at college. DH served last year and said everyone should experience being on a jury at least one time.

This is me exactly. Called once when I was away at college and never again. I hope I have the chance to do it someday.