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How to Get Out of Jury Duty
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While it is your civic duty to attend jury duty, there are some secrets to getting out of the obligation. Generally, citizens are randomly selected to perform jury duty, and just because you are selected for jury duty does not mean that you will actually sit on a jury. If you follow these simple steps you very well may get out of even showing up for jury duty. If you still have to go however, you will certainly limit your duty to one day—no attorney or judge will allow you to sit on a jury they are involved with.
Steps
- In many states, it is possible to demonstrate that you are unable to serve on a jury for financial reasons. Proof of employment and/or wages, in addition to comprehensive financial statements and the previous years taxes should all be brought to court with you on the first day you report to jury duty. If you can persuade the judge that it is unfeasible for you to miss work, you will have lost only one day of your time. Lying here would be inadvisable.
- Request a change of date. Nearly all federal, state and local jury selection processes are computerized. Your name comes up on a list and a notice of jury duty is automatically sent to your registered address. When you receive your notice, mark on the jury form that you need special accommodations and that you cannot make the requested attendance date. Make sure to note that you are quite sick, going out of town, studying for the bar, or planning on joining the military. Any accepted excuse will likely set your next jury summons back at least a year. If you have children, don’t be afraid to use that card.
- If you can get a change of date, ask for December. In December, there is a far greater chance that most trials will be delayed or moved, and you may never actually get called in, while at the same time you are still fulfilling your civic duty.
- In California, there is a loophole you can take advantage of to get out of serving on a trial if you aren’t able to get out of being called for jury service. This is significant, as trials in CA often last 10 - 20 days. In the voir dire (evaluation of potential candidates for a jury on a specific trial), the judge will ask if anyone has any significant reason not to serve on a trial (which can last for weeks in CA). Most excuses will not be accepted, but some, such as medical excuses, will get you dismissed. One tack to try: Explain to the judge that you have a pressing, pressing commitment in the next week or two, and that you would be happy to re-schedule your jury service two weeks hence because of this very pressing work or personal commitment. Most judges will agree to let you come back and repeat jury service in two weeks, even if your commitment doesn’t rise to the level needed for him to just let you go scot-free. However (and here’s the catch), by state law you will have served your jury service already merely be dint of having appeared for a day, even without being selected for trial. When you return to the jury room, instead of getting your jury service rescheduled they will hand you piece of paper certifying you have completed it. Voila!
- Attend jury duty if you don’t come up with an acceptable excuse. Again, don’t be afraid to make phone calls, write letters, and personally ask the clerk of court for a waiver of appearance—it will often be granted. However, if you can’t get out of the initial appearance it is generally the law that you MUST attend. Don’t worry, though. Just because you attend “jury duty” does not mean that you will actually end up on a jury.
- If you do not wish to be seated on a jury panel, come to the courtroom laden with as many preconceived notions and unwavering opinions as possible. If an attorney asks you whether you can be objective, say no. If it is a criminal case, make sure to stress that you think all defendants are guilty and deserve to be hung—even if for a moving violation or shoplifting. Or, alternatively, claim a vehement anti-prosecution bias-all police lie at all times, all defendants are innocent, etc. Attorneys want objective evaluators who will listen to the facts of the case.
- One thing that may work is to state that you are racist. They would not want a person who would chose sides depending on race, but on facts presented.
- Remember that a finding in favor of the plaintiff in civil trials requires a preponderance of the evidence, whereas a conviction in a criminal case demands that the prosecution prove its case beyond a reasonable doubt—a much more stringent standard. Make sure that you go into jury duty acting as though you know everything before even hearing the case—the more stubborn you can appear, the better.
- A more respectable alternative to the above “play stupid” tactics is to “play smart.” Many attorneys wants jurors whom they can persuade one way or the other. Try to demonstrate education, intelligence, and logical reasoning. In many jurisdictions, lawyers, judges, and police officers are categorically barred from jury duty because they are too informed on the subject. (In California this applies only to the latter.) Similarly, doctors are almost always excused from malpractice cases, bankers from embezzlement cases, etc. It is not, however, unheard-of for a sitting judge to be seated as a juror.
- At almost any cost, try to avoid being seated on a grand jury. Duty on a grand jury means that you will be hearing assistant district attorneys asking for indictments on a number of cases over an extended period of time. Grand jury duty is both long and tedious.
- If actually selected to be on a jury, you are likely to be asked to swear to find a verdict solely on the basis of the facts presented in court. Decline to swear this on the grounds that the jury has a right to find a verdict as they see fit. Mention the right of a jury to “veto.” This right is called “jury nullification.” In short, it allows a jury to return a verdict of “innocent” when the accused is clearly guilty, because the jury disagrees with the law that was broken. You probably want to read up on this before your jury duty. This is a right held by the juror and affirmed by the Supreme Court, but one that both prosecutors and judges usually deeply loathe, if they even acknowledge its existence. You will almost certainly be excused from the jury for holding unacceptable views, but if not, you will be better prepared for the experience from your research.
- If you are a student and being a student in your state (i.e. CA) doesn’t excuse you, you can request your service schedule to coincide with your next break (winter, spring, summer). The call center can still authorize this even if you have gone beyond the 1 year postponement limit, they will say it will be your final postponement.
Tips
- Always follow the law when dealing with the judicial system, but cop a serious attitude at the same time. You need to present yourself as unstable and stubborn to avoid any and all jury duty.
- If you don’t want to be a poor sport, consider sitting on a jury as an educational and learning experience. The worst part about jury duty is waiting to be selected and going through the process of voir dire (where attorneys question potential jurors).
Warnings
- Never ignore a call for jury duty. Failure to attend jury duty can result in fines, suspension of a driver’s license, or in some cases, criminal charges.
- While lawyers may put you to sleep, actual jury duty may instill in you a keen appreciation for civic duty and participation in the judicial process!
- NOTE: Doing some of the things mentioned here may get you jail time and possibly a criminal record. Proceed at your own risk.
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