The U.S. and California Constitutions protect the right to a jury trial in all criminal cases and most civil lawsuits. Although most criminal prosecutions and lawsuits end before reaching trial, large population centers like Los Angeles County still call on thousands of people every month to serve on juries.
However, many people do not have the time or ability to serve. California law and court procedures allow prospective jurors to skip or delay jury duty for physical or financial hardships.
Grounds For Being Excused From Jury Duty In California
The California Rules of Court allow courts to excuse jurors from jury duty temporarily or permanently. Prospective jurors can claim the following grounds when requesting to be excused:
Ineligibility
The court can excuse you from jury duty if you are ineligible to serve. People with the following issues may be excused because they cannot serve on a jury:
- Under 18 years old
- Non-U.S. citizen
- Does not understand English
- Serving on another jury
- On parole or felony probation
- Required to register as a sex offender for a felony offense
- Incarcerated
The court must automatically excuse anyone who is not a resident of the county where the jury duty notice was sent.
Prior Jury Service
You are only required to report for jury duty once a year. If you were previously summoned for jury duty in state or federal court within one year of the current notice, the court must grant your request to be excused. To be excused on these grounds, at least one of the following must apply:
- You served on a grand or trial jury.
- You received a notice and appeared at the courthouse.
You do not need to request a release from jury duty if you want to serve again. The court does not automatically exclude everyone who served within a year. It only excuses those who request it.
Hardship
Your employer must give you time off to serve on a jury. However, this only means your employer cannot fire, discriminate, or retaliate against you for jury duty. The law does not require your employer to give you paid time off.
Additionally, your employer may deduct your jury duty time from your vacation or sick days. Schools are also required to excuse any absence for jury duty.
You can request an excuse from jury duty due to undue hardship. “Undue” means the hardship must be worse than the ordinary inconvenience of serving. If possible, the court prefers to delay your service for up to six months rather than excusing you altogether. The following grounds may allow you to seek a deferral or excuse from jury duty:
- You have no transportation to court, including by public transit.
- Your travel time to court is more than one and a half hours.
- You will suffer an extreme financial burden.
- Your property faces an undue risk of material injury that you cannot alleviate.
- You are competent but have a disability that could result in mental or physical injury.
- Your job relates to public protection or safety, and you cannot make alternate arrangements.
- You are responsible for the care of a child or sick or elderly dependents.
You must submit a written request to avoid or defer jury duty. In Los Angeles County, you can write your reasons on the Summons form and mail it back or submit your request online.
The Role Of Jurors
Whether a case involves a homicide or car accident, jurors review the evidence and apply the law. In most criminal cases, the jury does not play a role in sentencing. However, in a civil case, the jury evaluates the plaintiff’s economic and non-economic losses and awards compensation.
Getting Excused From Jury Service
Jurors play an essential role in the American justice system. If you cannot serve, the Summons or the court clerk will explain how to submit your reasons for skipping or deferring your service.
