The selection process starts with a voter registration list

Courts pick potential jurors from lists of registered voters in your county or district. Some courts also use driver's license records or tax records to build a larger pool. The court sends a summons to people chosen at random from these lists, asking them to show up on a specific date. You do not choose to be in the pool — the court's computer system selects names without regard to who you are or what you do.

The exact source of names varies by state and by court. A federal court might use voter registration across an entire district. A state court might pull from county voter rolls only. Some courts supplement with DMV records if voter registration is thin in their area. The goal is to create a pool that roughly matches the population of the area the court serves.

Once you receive a summons, you are legally required to show up unless you have a valid reason to be excused. Ignoring a summons can result in a fine or a contempt of court charge. If you have a genuine hardship — a medical condition, a scheduled surgery, a work trip you cannot move — you can request to be excused before the date, and the court may grant it. But the court decides whether your reason is good enough, not you.

Key Takeaways

  • Courts select potential jurors at random from voter registration lists, driver's license records, or other public records in your county.
  • You cannot opt out of the initial summons, but you can request to be excused if you have a documented hardship before your scheduled date.
  • If you show up, attorneys for both sides question you during jury selection to decide whether to keep you or remove you from the case.
  • Attorneys can remove jurors "for cause" if you admit bias or inability to be fair, and they can also remove a limited number of jurors without giving a reason.
  • The final jury is made up of people who passed both sides' questioning and were not removed by either attorney.

What happens when you show up for jury duty

On the day of your summons, you arrive at the courthouse and wait with other potential jurors. The court clerk or judge explains the case in broad terms — what kind of case it is, roughly how long it will last, and who the parties are. Then the real selection process, called voir dire, begins.

Voir dire is the questioning phase. Attorneys for each side ask potential jurors questions to learn whether you can be fair and impartial. In a criminal case, the prosecutor and the defense attorney both ask questions. In a civil case, the plaintiff's attorney and the defendant's attorney do. The judge may also ask questions. The goal is not to find jurors who favor one side — it is to find jurors who can follow the law and decide the case based only on the evidence presented in court.

You will be asked about your background, your job, whether you know anyone involved in the case, whether you have been a victim of a crime similar to the one on trial, and whether you have strong opinions about the subject matter. If the case involves a drunk driving charge, attorneys will ask whether you or a family member has been affected by drunk driving. If it is a medical malpractice case, they will ask whether you have had bad experiences with doctors. These questions are meant to uncover bias, not to trick you.

How attorneys remove jurors during selection

Attorneys have two ways to remove a potential juror: for cause and peremptory challenges. A removal for cause means the attorney convinced the judge that you cannot be fair. This might happen if you admit you already think the defendant is guilty, or if you have a personal connection to someone in the case, or if you say you cannot follow the law as the judge explains it. There is no limit to how many jurors can be removed for cause.

A peremptory challenge is different. It allows an attorney to remove a juror without giving a reason — they simply do not want you on the jury. However, there is a limit. In a felony criminal case, each side typically gets 10 peremptory challenges. In a misdemeanor case, it might be 3 or 5. In a civil case, the number varies by state but is often 3 to 6 per side. Once an attorney uses up their peremptory challenges, they cannot remove anyone else unless it is for cause.

There is one restriction on peremptory challenges: an attorney cannot use them to remove jurors based solely on race, ethnicity, gender, or religion. This rule comes from a 1986 Supreme Court case called Batson v. Kentucky. If the other attorney thinks a peremptory challenge was used for a forbidden reason, they can object, and the judge will ask the removing attorney to explain their reason. If the judge finds the reason is pretextual — a cover for discrimination — the challenge is not allowed.

Why some people are excused before jury selection even starts

Before voir dire begins, the court may excuse certain groups of people. Judges have discretion to excuse people over a certain age, people with documented medical conditions, people with caregiving responsibilities they cannot delegate, and people with severe financial hardship. Some courts automatically excuse people over 70 or 75; others do not. Some courts excuse people who are the sole caregiver for a child or an elderly parent; others require you to prove it.

If you receive a summons and you have a reason you cannot serve, you should respond to the summons in writing before your date. Do not ignore it and hope you are forgotten. Include documentation if you have it — a doctor's note, a letter from your employer, proof of a scheduled surgery. The court will review your request and either excuse you, ask you to come in on a different date, or deny the request. If denied, you must show up or risk being held in contempt.

Some courts also allow you to request a postponement rather than an outright excuse. This means you will be called for jury duty at a later date when your circumstances might be different. A postponement is often easier to get than an excuse.

How the final jury is seated

Once both attorneys have finished questioning and using their challenges, the remaining potential jurors become the actual jury. In most criminal cases, a jury has 12 members. In some civil cases, it might be 6. The judge swears in the jurors, and they are now bound to follow the law and decide the case based only on evidence presented in court.

Alternate jurors are also selected. These are extra jurors who sit through the entire trial but do not participate in deliberation unless one of the main jurors becomes ill or has to leave. The number of alternates varies — often 1 or 2 in a short trial, more in a long one.

Once the jury is seated, the trial begins. Jurors are instructed not to talk to anyone about the case, not to look up information on their own, and not to visit the scene of the crime or accident. They must base their decision only on what they hear in court.

Differences between state and federal jury selection

Federal courts and state courts follow similar jury selection processes, but there are differences in the details. Federal courts draw from a wider geographic area — an entire federal district rather than a single county. Federal juries in criminal cases are always 12 people; state courts vary. Federal courts tend to have longer trials, so they may select more alternates.

Federal courts also use a different source list. They pull from voter registration, but they also use records from the Social Security Administration and the IRS. State courts rely more heavily on voter registration and driver's license records. The result is that federal juries may be drawn from a more geographically dispersed pool, which can make it harder for people to serve if they live far from the courthouse.

Peremptory challenge limits also differ. In federal criminal cases, each side gets 10 challenges in a felony case and 3 in a misdemeanor. In federal civil cases, each side gets 3. State rules vary widely — some states give more challenges, some give fewer.

What disqualifies you from jury service

You cannot serve on a jury if you are not a citizen of the United States, if you do not speak English well enough to understand the trial, or if you have a felony conviction and have not had your rights restored. Some states also disqualify people who are not residents of the county or district. A few states disqualify people who are not registered voters, though this is becoming less common.

Mental or physical incapacity can also disqualify you. If you cannot sit for long periods, cannot hear the testimony, or cannot understand the proceedings because of a cognitive condition, you may be excused. You will need to provide documentation — a doctor's letter or medical records — to prove this.

Being on probation or parole does not automatically disqualify you in most states, but it may in some. If you are unsure whether something disqualifies you, answer honestly during voir dire or in your written response to the summons. The court will make the decision.

Frequently Asked Questions

Can I be fired from my job for serving on jury duty?

No. Federal law and most state laws prohibit employers from firing, threatening, or penalizing an employee for jury service. If your employer retaliates against you, you may have a legal claim. Some employers are required to pay you during jury duty; others are not, but that is a separate issue from whether they can fire you.

What if I lie during jury selection?

Lying during voir dire can result in perjury charges. If you are asked a direct question and you give a false answer, and that false answer affects whether you are seated on the jury, the other side can discover the lie after the trial and ask the judge to overturn the verdict. It is better to be honest, even if you think honesty might get you removed.

Do I have to answer every question an attorney asks during voir dire?

Yes. Voir dire is under oath, and you are required to answer truthfully. You cannot refuse to answer or say "I do not want to talk about that." If a question feels too personal, you can ask to answer it in private with the judge, but you still have to answer.

How long does jury selection usually take?

It depends on the case. A simple misdemeanor case might have jury selection in an hour or two. A complex civil case or a serious felony can take days or even weeks. The judge and attorneys will tell you on your first day roughly how long the process is expected to take.

Can I request to be on a jury instead of waiting to be summoned?

No. You cannot volunteer for jury duty. You can only serve if you are summoned. If you want to be involved in the justice system, you can look into becoming a lawyer, a judge, or a court employee, but jury duty is not something you can sign up for.