You are legally required to appear for jury duty when summoned, and ignoring the summons can result in fines, contempt of court charges, or a warrant for your arrest.
A jury summons is not a request or an invitation — it is a court order. When you receive one, you must either show up on the date listed or contact the court before that date to explain why you cannot. Simply not appearing without permission is treated as contempt of court, which carries real penalties.
The consequences vary by state and by the specific court, but they typically start with a fine (often $100 to $1,000) and can escalate to criminal charges if you ignore multiple summonses or a court order to appear. Some courts will issue a bench warrant, which means police can arrest you if they stop you for any reason.
Key Takeaways
- Ignoring a jury summons is contempt of court and can result in fines ranging from $100 to $1,000 or more, depending on your state and court.
- If you do not show up and do not contact the court beforehand, the judge may issue a bench warrant for your arrest.
- You can be excused from jury duty for legitimate reasons — illness, financial hardship, caregiving duties, or prior commitments — but you must request it in writing or by phone before the date you are summoned.
- If you cannot afford to miss work, many employers are required by law to allow you to serve, and some courts offer reduced jury duty periods or postponement to a more convenient time.
- Contacting the court is always your safest option; explaining your situation gives you a chance to be excused or rescheduled rather than facing penalties.
What the court does if you do not show up
The first time you miss jury duty without contacting the court, most judges will issue a "failure to appear" notice. This is a formal warning that you violated a court order. The notice typically includes a new date you must appear or a deadline to contact the court and explain your absence.
If you ignore the second notice, the court can fine you. The amount depends on your state and the specific court, but fines commonly range from $100 to $500 for a first offense. Some courts go higher — up to $1,000 or more — especially if you have ignored multiple summonses.
If you continue to ignore the court, a judge can hold you in contempt and issue a bench warrant. This means law enforcement can arrest you. You would then have to appear before a judge to explain yourself, and you could face additional criminal charges beyond the original contempt charge.
How to get out of jury duty legally
You cannot simply decide jury duty is inconvenient and skip it. However, you can request to be excused or postponed if you have a legitimate reason. The key is contacting the court before your summons date, not after.
Common reasons courts accept for excusal include serious illness or injury, caregiving responsibilities (caring for a child or elderly parent with no alternative), financial hardship that would cause real damage if you miss work, and pre-planned travel that cannot be changed. Some courts also excuse people over a certain age (often 70 or 75) or those who have served recently.
To request excusal, look at your summons — it will list a phone number or website where you can contact the court. Call or write before your date and explain your situation. Bring documentation if you have it: a doctor's note for illness, a letter from your employer about financial impact, proof of travel plans. The judge or court clerk will decide whether to excuse you or offer you a different date.
What happens during jury selection if you do show up
If you appear on your summons date, you will go through a process called voir dire (jury selection). The judge and attorneys for both sides will ask you questions about your background, beliefs, and ability to be fair. Based on your answers, either side can ask the judge to excuse you from that particular case.
This is different from being excused from jury duty entirely. If you are not selected for one trial, you may be sent to another courtroom or told to return another day. You are still required to be available for the full period listed on your summons, which can be anywhere from one day to several weeks depending on your court.
If you are selected to sit on a jury, you must serve for the length of the trial. Trials can last anywhere from a few hours to several weeks. The court will tell you the expected length before jury selection begins.
Your employer's obligations during jury duty
Federal law and most state laws prohibit employers from firing, threatening, or punishing you for serving on a jury. This protection applies even if jury duty causes your employer inconvenience or lost productivity.
However, the law does not require your employer to pay you during jury duty. Some do, and some do not. Check your employee handbook or ask your HR department what your company's policy is. If your employer does not pay you and jury duty would cause genuine financial hardship, you can mention this when you contact the court to request excusal or postponement.
If your employer retaliates against you for serving — by firing you, cutting your hours, or reducing your pay — that is illegal, and you may have grounds for a lawsuit. Document any retaliation and report it to your state's labor board or an employment attorney.
Postponing jury duty to a better time
If you have a legitimate conflict but could serve at a different time, most courts will postpone your service rather than excuse you entirely. For example, if you have a work project due the week you are summoned, you might ask to serve the following month instead. If you have a vacation already booked, you can request a date after you return.
When you contact the court, be specific about when you would be available. Courts appreciate this because it shows you are willing to serve — you just need a different timing. Judges are more likely to grant postponement requests than excusal requests, especially if you offer concrete alternative dates.
Some courts also offer shorter jury duty periods. Instead of serving for two weeks, you might serve for one day or three days. Ask whether this option is available in your court when you call.
What to do if you receive a failure to appear notice
If you missed your summons date and receive a notice from the court, contact them immediately. Do not wait for a second or third notice. Call the number on the notice and explain what happened. If you had a legitimate reason — you were hospitalized, there was a family emergency, you never received the summons — tell the court.
Many courts will accept a reasonable explanation and either excuse you, reschedule you, or simply dismiss the failure to appear if it was your first offense. The longer you wait to respond, the more serious the court treats the situation.
If you cannot afford the fine or if you believe the fine is unjust, you can ask the court for a hearing before a judge. Bring documentation of your reason for missing jury duty and any evidence of financial hardship. A judge has the power to reduce or waive a fine in some circumstances.
Frequently Asked Questions
Can I be arrested for missing jury duty?
Yes, if you ignore multiple summonses or a court order to appear, a judge can issue a bench warrant for your arrest. This typically happens only after you have ignored at least two notices, but it is a real possibility. Contacting the court before your date is the way to avoid this.
What if I never received my jury summons?
If you did not receive the summons, you may not have known you were required to appear. If you later receive a failure to appear notice, contact the court immediately and explain that you never got the original summons. Bring any evidence you have — a statement from a roommate, a change of address confirmation — and the court will usually dismiss the charge.
Do I have to serve if I am self-employed?
Yes, self-employed people are still required to respond to a jury summons. However, you can request excusal or postponement based on financial hardship. Explain to the court that missing work means lost income with no replacement pay, and ask for a date when business is slower or for a shorter service period.
Can I be excused because I do not believe in the death penalty or I distrust police?
Your personal beliefs about the law, the death penalty, or law enforcement do not automatically excuse you from jury duty. However, during jury selection (voir dire), attorneys can ask you about these beliefs, and if your views would prevent you from being fair, you may be excused from that specific case. You still have to show up for jury selection.
What if my job will fire me if I serve on a jury?
Your employer cannot legally fire you for serving on a jury. If they threaten to do so, tell them this is illegal. If they follow through and fire you, document everything and contact your state's labor board or an employment attorney. You may have grounds for a wrongful termination lawsuit.