What happens if you miss jury duty?
Quick Answer
If you miss jury duty, you will typically first receive a Failure to Appear notice from the court, which often requires you to contact the jury clerk within 5-10 business days or appear at a show-cause hearing. Ignoring this can lead to contempt of court charges, potential fines ranging from $100 to $1,000, and in severe cases, even several days of jail time, depending on the jurisdiction and the judge's discretion.
Understanding What Happens When You Miss Jury Duty
When you miss your scheduled jury duty without prior excuse or deferral, the court typically issues a 'Failure to Appear' notice. This initial notice is not a warrant for arrest but a formal communication informing you of your missed obligation and often providing a specific deadline, usually 5 to 10 business days, to contact the jury clerk or appear in court to explain your absence. For instance, in a federal court like the U.S. District Court for the Southern District of New York, this notice might instruct you to call a specific number, such as 212-805-0100, and provide your juror ID within one week of the missed date. This phase is crucial as it's the court's attempt to resolve the matter informally before escalating.
If you fail to respond to the 'Failure to Appear' notice, the consequences become more severe, potentially leading to a 'show cause' hearing. At this hearing, you would be required to appear before a judge and explain why you should not be held in contempt of court for failing to fulfill your civic duty. Without a valid, court-approved excuse, the judge can impose penalties. These can include monetary fines, commonly ranging from $100 to $1,000 for a first offense, depending on state or federal statutes and the judge's discretion. For example, some state courts, like those in California, can impose a fine of up to $1,500 and five days in county jail for contempt. Federal courts can impose a fine of up to $1,000 and imprisonment for up to three days.
In more extreme or repeated cases, or if your absence is deemed willful and defiant, a judge may issue an arrest warrant. While extremely rare for a first-time, unintentional missed jury duty, it is a legal possibility for individuals who continuously ignore summons and court orders. The severity of the response often depends on the specific jurisdiction, the judge's temperament, and whether your absence caused significant disruption to court proceedings, such as delaying a scheduled trial involving multiple parties and legal teams.
How to Rectify a Missed Jury Duty Summons Specifically
The absolute first and most critical step you must take upon realizing you've missed jury duty is to immediately contact the Clerk of Courts for the specific court that issued the summons. Do not delay this action; time is of the essence. Locate the contact information on your original summons, which will typically include the jury clerk's direct phone number and office hours. For example, if your summons was from the Superior Court of Los Angeles County, you would call their jury services division at 213-972-0970.
When you call, be prepared to provide your full name, juror identification number (found on your summons), and the date you were scheduled to appear. Clearly and honestly explain the reason for your absence, whether it was an oversight, a medical emergency, or a conflicting commitment. Many courts are understanding if you communicate promptly and provide a legitimate explanation. They may offer to reschedule your jury service for a future date, typically within the next 3 to 6 months, or provide instructions for appearing at a show-cause hearing to address the missed date. Always follow their instructions precisely, whether it involves submitting a written explanation, providing documentation like a doctor's note, or appearing in person.
If you receive a 'Failure to Appear' notice, do not ignore it. This notice will often provide specific instructions and a deadline, usually within 7 to 10 days, to respond. Follow these instructions precisely. This might involve calling a specific number, completing an online form, or attending a scheduled hearing. Be polite and cooperative throughout the process. Document every interaction, including the date and time of your calls, the name of the person you spoke with, and a summary of the conversation. Keep copies of any correspondence sent to or received from the court. This record can be invaluable if the situation escalates further or if there are any misunderstandings.
Common Mistakes to Avoid
One frequent error people make is ignoring the summons entirely, or assuming it was a mistake and will simply go away. Many people do this because they are busy or hope the court will forget, but courts maintain detailed records of all potential jurors and summons issued. Ignoring the initial summons or any subsequent 'Failure to Appear' notices will escalate the situation, moving it from a simple oversight to a potential contempt of court charge, which carries more severe penalties.
Another significant mistake is failing to communicate promptly and honestly with the court. Some individuals might panic and try to create a false excuse or avoid contact altogether. This approach is counterproductive and can lead to further legal trouble if discovered. The court system values honesty and proactive communication. For example, fabricating a medical emergency without a doctor's note will likely be challenged, and lying to the court is a serious offense that can incur additional charges.
A third common error is not keeping detailed records of communication or documentation. People often make phone calls or send emails without noting the specifics. If the situation becomes complicated, having a log of every date you called, who you spoke with, and what was discussed, along with copies of any submitted documents like deferral requests or medical notes, is crucial. Without these records, it becomes your word against potentially official court records, which can make it harder to resolve the issue in your favor.
Expert Tips for Best Results
Always keep a copy of your jury summons and any related correspondence in a secure, easily accessible location until your service is complete or you are officially excused. This includes any deferral confirmations or attendance verification slips. Should any questions arise about your service, having the juror ID number, reporting date, and specific court information readily available will save you significant time and stress when contacting the jury clerk.
Proactively communicate any potential conflicts or reasons for deferral as soon as you receive the summons, well before your scheduled date. Most courts allow you to request a deferral or excuse online or by mail, typically requiring submission at least 10 to 14 days before your service date. Providing documentation such as a travel itinerary for a pre-booked trip, a doctor's note for a scheduled surgery, or a letter from your employer explaining critical work commitments can significantly increase the likelihood of your request being approved, preventing a missed service scenario entirely.
Understand the specific jury duty policies of your local jurisdiction. While federal guidelines are generally consistent, state and county courts can have slight variations in their deferral policies, acceptable excuses, and penalties for non-compliance. Check the specific court's website or the information packet included with your summons for precise details. For instance, some counties might allow online rescheduling with a few clicks, while others require a written request and specific documentation, making it essential to tailor your approach to the exact court you're dealing with.
Frequently Asked Questions
What if I never received the jury summons in the mail?
If you genuinely never received the summons, this is often a valid defense. You should still contact the court's jury clerk immediately to explain the situation, as mail can sometimes be lost or misdelivered. They may ask you to sign an affidavit stating non-receipt or reschedule your service. It's crucial to address it promptly to avoid any assumption of deliberate avoidance.
What are considered valid excuses for missing jury duty?
Valid excuses typically include documented medical emergencies, severe illness, recent death in the immediate family, active military service, or a pre-booked, non-refundable vacation or business trip that cannot be rescheduled. Financial hardship that cannot be mitigated may also be considered. You usually need to provide specific documentation, such as a doctor's note or death certificate, to the court for approval.
Can I just pay a fine instead of serving jury duty?
No, you cannot simply pay a fine to avoid jury duty if you are summoned. Fines are a penalty for failing to appear or for contempt of court, not an alternative payment option to excuse you from service. The court's primary goal is to ensure trials have a full and fair jury, not to collect fees from those who wish to opt out.
Will missing jury duty affect my credit score or driver's license?
Missing jury duty, even if it results in a fine, typically does not directly impact your credit score or driver's license. However, if an unpaid fine goes to collections, it could indirectly affect your credit. More significantly, ignoring court orders can lead to escalating legal issues, including potential arrest warrants, which are far more serious than credit or license concerns.
How long after missing jury duty will I receive a Failure to Appear notice?
The timeframe for receiving a Failure to Appear notice varies by jurisdiction, but it typically arrives within 2 to 4 weeks after your scheduled jury duty date. Some courts may send it sooner, within 10 days, while others might take slightly longer, but it's rare for courts to not follow up on a missed summons.