Jury Duty: Just Do It
Oct. 20th, 2023 10:52 pmHawk got a summons for jury duty this past week. Her duty is in mid November. "I need to get a postponement," she said right away. "If I get seated on a jury that week it'll run afoul of our Thanksgiving travel plans the next week."
Don't ask for a postponement, I recommended. Here are Five Things why:
1) The courts have gotten tougher on granting postponements for work and travel reasons. You get one free request; after that you have to show genuine hardship to the judge to get another postponement. If you use your free delay just because the timing might be bad, the next one could be worse— and you'll face a skeptical judge.
2) It's entirely possible you're done after one day in court. You'll be on call starting on a Monday, though it seems courts never start jury selection on Mondays. Tuesday you might be called in. There's often a pool of around 100 potential jurors for a jury of 12. They might impanel the full jury without even interviewing you for voir dire... in which case your service requirement is complete. and you go home.
3) It's actually possible the court may be in recess the whole week of Thanksgiving, or that the days in that short week may be reserved for pretrial motions with testimony only beginning after Thanksgiving. In that case there's no travel conflict.
4) In voir dire you could be disqualified from serving for some reason other than schedule availability. At that point your jury duty is complete.
5) Finally, if the trial is going to run during your travel week, and they do interview you for the jury, then you can use booked travel as your on free postponement. The judge will give you a new date and won't be as tolerant of excuses a second time.
Don't ask for a postponement, I recommended. Here are Five Things why:
1) The courts have gotten tougher on granting postponements for work and travel reasons. You get one free request; after that you have to show genuine hardship to the judge to get another postponement. If you use your free delay just because the timing might be bad, the next one could be worse— and you'll face a skeptical judge.
2) It's entirely possible you're done after one day in court. You'll be on call starting on a Monday, though it seems courts never start jury selection on Mondays. Tuesday you might be called in. There's often a pool of around 100 potential jurors for a jury of 12. They might impanel the full jury without even interviewing you for voir dire... in which case your service requirement is complete. and you go home.
3) It's actually possible the court may be in recess the whole week of Thanksgiving, or that the days in that short week may be reserved for pretrial motions with testimony only beginning after Thanksgiving. In that case there's no travel conflict.
4) In voir dire you could be disqualified from serving for some reason other than schedule availability. At that point your jury duty is complete.
5) Finally, if the trial is going to run during your travel week, and they do interview you for the jury, then you can use booked travel as your on free postponement. The judge will give you a new date and won't be as tolerant of excuses a second time.