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The Most Common Jury Duty Myths, Debunked

The Most Common Jury Duty Myths, Debunked
Credit: B.E. Lewis - Shutterstock

When it comes to jury duty, people typically fall into two categories: those who want to avoid it at all costs, and those who can’t wait for the day they receive their summons in the mail. Either way, some of what you know about jury duty is probably wrong. Whether you’re trying to get out of your civic duty or increase your chances of being called, there’s a lot of incorrect information out there regarding the selection process. Here’s the truth behind some of the most common jury duty myths.

Myth: You won’t be called if you aren’t registered to vote

Nope, this one is not true. In addition to voter registration records, names are also added to the jury duty list based on having a driver’s license, paying taxes, or owning a home. So definitely do not use avoiding jury duty as an excuse not to register to vote. Go do that now.

Myth: You can’t postpone your service date

Actually, you usually can. Rules vary by state, but most will let you reschedule for a later date. For example, in New York, you can postpone your service once online or by calling a toll-free number at least one week before your date of service. Make sure to have your juror index number handy when you go online or call, and check your home state’s regulations because they might be different.

Myth: Courts don’t care about your financial (or other) hardship

This is another case of it depending on your state, but in general, it’s possible to get out of jury duty due to hardship—just be prepared with documentation to prove it. Again, using New York as an example, you can apply for an exemption on the basis of financial hardship, medical hardship, or because you’re a full-time student or caregiver.

If you’re claiming financial hardship, you’ll need to provide your current tax forms showing your financial status, documentation showing present employment status (wages, hours, etc.), and any document showing your inability to provide support for you or your family as a result of jury service.

Those looking to claim medical hardship must provide a signed statement from a licensed physician that indicates your condition and how long it’s expected to last. Full-time students need to submit a copy of their student ID or class schedule. If you’re a caregiver for someone under the age of 16, you must provide copies of the birth certificates of the children you care for and an explanation as to why there are no other options for them while you’re at jury duty.

Finally, all other caregivers (like for a parent, partner or sibling) need a doctor’s note detailing the patient’s diagnosis and confirmation that their services as a caregiver are required.

Myth: You can’t go home until after the trial is over

You’re thinking of jury sequestration—where the jury stays in a hotel for the duration of a trial—and that’s pretty rare. In fact, juries are only sequestered if the lawyer for the defense can prove to the judge that media reports about the defendant will threaten the jury’s impartiality. If it seems like a lot of juries are sequestered, that’s because the court cases we hear about in the media are the higher-profile trials that likely qualify for sequestration because of the media coverage. But in most cases, you just go home at night after jury duty.

Myth: You can lose your job for missing work during jury duty

Nope: there are state and federal laws ensuring that people will not lose their jobs because of missing work for serving on a jury. Some employers will include paid time off for jury duty as part of the compensation package, but if that’s not the case—or if the trial goes on longer than the number of days you have allotted—you are legally entitled to taking a leave of absence from work, without consequences.

This story was originally published in March 2014 and was updated on February 11, 2021 to meet Lifehacker style guidelines.