How to
Jury duty: what to do with your summons, postponing, pay and your job
Key points
- Respond
- Answer the summons or the qualification questionnaire by its date. Every court allows a postponement in some form, and an excuse for real hardship.
- If you skip it
- Ignoring a summons can bring a fine: up to $1,000 in Texas and federal court, $250 in New York, $100 in Florida, and in California up to $1,500 for repeat violations.
- Pay
- Federal jurors get $50 a day. New York pays $72 a day, Texas at least $20 the first day and $58 after, and California $15 a day from the second day.
- Your job
- Federal law and California, Texas, Florida and New York law bar an employer from firing you for jury service.
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A jury summons orders you to report to a court, or to answer a questionnaire, so the court can pick jurors for its trials. It is a legal obligation, not a request: the law treats jury service as a duty of citizenship. Being summoned does not mean you will sit on a jury, and the law gives you real ways to move your date or to be excused if serving would be a true hardship.
Below: how to answer the summons and spot a scam, who can serve, how to postpone or ask to be excused, what happens if you miss it, how much jurors are paid, your job, and what jury selection is like, with the rules in California, Texas, Florida, New York and the federal courts. This page explains the law; it is not legal advice.
Your jury summons: how to answer it
Courts pick prospective jurors at random. California calls jury service an obligation of citizenship, and every qualified person has an obligation to serve when summoned. Cal. Code Civ. Proc. § 191
In the federal courts, people selected at random get a qualification questionnaire to complete and return within 10 days, or to fill in online through the court's eJuror page, where you can also ask for an excuse or a deferral and pick another time to serve. Being summoned does not mean you will end up on a jury. U.S. Courts: Juror Selection Process · U.S. Courts: Summoned for Federal Jury Service?
State courts work the same way, each with its own forms. In Florida, the clerk mails the summons at least 14 days before you are due, unless the court orders a shorter notice. Fla. Stat. § 40.23
Read the summons as soon as it arrives, and follow its instructions for responding, asking for a postponement or asking to be excused.
A jury summons is different from a summons in a lawsuit, which means someone is suing you. For that, see a summons from a federal court.
Who can serve on a jury
Every court requires jurors to be US citizens and adults who live in the area, and most require English and no disqualifying felony record. Cal. Code Civ. Proc. § 203 · 28 U.S.C. § 1865
| Court | The basic requirements |
|---|---|
| California | A US citizen, at least 18, living in the area that summoned you, with enough English. People on parole or felony probation, or required to register as a sex offender for a felony, are not eligible. Cal. Code Civ. Proc. § 203 |
| Texas | At least 18, a US citizen, a resident of the state and county, qualified to vote there, able to read and write, with no felony or misdemeanor theft conviction, and not having served 6 days in the last three months in county court or six months in district court. Tex. Gov't Code § 62.102 |
| Florida | At least 18, a US citizen and a legal resident of the state and county, with a Florida driver license or ID card, or a signed affidavit. Fla. Stat. § 40.01 |
| New York | A US citizen and a resident of the county, at least eighteen, with no felony conviction, able to understand and communicate in English. N.Y. Jud. Law § 510 |
| Federal court | A US citizen, at least 18, living mainly in the judicial district for at least one year, able to read, write, understand and speak English, with no pending felony charge or felony conviction unless civil rights were restored. 28 U.S.C. § 1865 · U.S. Courts: Juror Qualifications |
Federal exemptions. Members of the armed forces on active duty, members of professional fire and police departments, and public officers actively engaged full time in public duties are barred from federal jury service, even if they would like to serve. 28 U.S.C. § 1863 · U.S. Courts: Juror Qualifications
Postponing jury duty, or asking to be excused
There is no lawful shortcut out of jury duty. There are two lawful routes: postponing your service to a later date, and asking to be excused because serving would be an undue hardship, or because you fall in a group the law excuses. California's rules prefer a postponement when the hardship is temporary or marginal. Cal. Rules of Court, rule 2.1008 · 28 U.S.C. § 1866
| Court | Postponing | Being excused |
|---|---|---|
| California | The jury commissioner should grant a one-time deferral on request, in writing or online, without making you come to court. Cal. Rules of Court, rule 2.1004 | Only for undue hardship, explained in writing with facts, such as no transportation, travel over one and a half hours, extreme financial burden, or caring for someone with no substitute. You must be excused on request if you served in the previous 12 months. Inconvenience is not enough. Cal. Code Civ. Proc. § 204 · Cal. Rules of Court, rule 2.1008 |
| Texas | Ask the clerk before your date; it must be granted if you had no postponement in the county in the past year, to a date within six months. A second one needs an extreme emergency. Tex. Gov't Code § 62.0143 | You may claim an exemption if you are 75 or older (it can be permanent), have legal custody of a child younger than 12 who would be left without adequate supervision, are a student, are the primary caretaker of someone who can't care for themselves, or are on active military duty away from home. A judge can hear any reasonable sworn excuse. Tex. Gov't Code §§ 62.106, 62.108, 62.110 |
| Florida | On a written or oral request, for up to 6 months. Fla. Stat. § 40.23 | On request: age 70 or older (also permanently), an expectant mother, a parent not employed full time with a child under 6, a caregiver for someone who can't care for themselves, a full-time student aged 18 to 21, or a woman who gave birth in the 6 months before the date. Also for hardship, extreme inconvenience or public necessity. Fla. Stat. § 40.013 |
| New York | The commissioner of jurors may postpone your service to a date certain not more than six months later. N.Y. Jud. Law § 517 | For a mental or physical condition that makes you incapable of serving, or if serving would cause undue hardship or extreme inconvenience to you, a person in your care, or the public. N.Y. Jud. Law § 517 |
| Federal court | Ask the court where you were selected for a temporary deferral, often through eJuror. U.S. Courts: Juror Qualifications · U.S. Courts: Summoned for Federal Jury Service? | For undue hardship or extreme inconvenience. Most district courts also excuse, on request, groups such as people over age 70 and people who served on a federal jury within the past two years. 28 U.S.C. § 1866 · U.S. Courts: Juror Qualifications |
In California, a person aged 70 or older asking to be excused for a disability can't be required to verify it, and a statutory exemption is granted only when the person claims it. Texas will not excuse a juror for an economic reason unless each party in the case approves. Cal. Rules of Court, rule 2.1008 · Tex. Gov't Code § 62.110
What happens if you miss jury duty
If you missed your date, contact the court or the jury office as soon as you can. In California and in federal court, the next step is a further summons or an order to appear and explain, before any penalty. In California, paying a sanction does not end your obligation to serve. Cal. Code Civ. Proc. § 209 · 28 U.S.C. § 1866
| Court | What the law allows |
|---|---|
| California | A second summons no earlier than 90 days after the first missed date, then a notice, then an order to show cause. The court may find you in contempt, or impose sanctions of up to $250 for a first violation, $750 for a second and $1,500 for a third. Paying does not end your duty to serve. Cal. Code Civ. Proc. § 209 |
| Texas | A contempt action with a fine of $100 to $1,000 for not complying with a summons, and a fine of $100 to $500 for failing to attend without a reasonable excuse. Tex. Gov't Code §§ 62.0141, 62.111 |
| Florida | A fine of up to $100 for failing to attend without a sufficient excuse, and it may also be treated as contempt of court. Fla. Stat. § 40.23 |
| New York | A civil penalty of up to $250, under the procedure for noncompliance with a summons. N.Y. Jud. Law § 527 |
| Federal court | An order to appear and show cause; without good cause, a fine of up to $1,000, up to three days in jail, community service, or a combination. 28 U.S.C. § 1866 |
Jury duty pay
Jurors receive a small daily payment set by law. Your employer does not have to keep paying your wages under federal law, though some states require part of them. U.S. Courts: Juror Pay
| Court | What jurors are paid |
|---|---|
| California | $15 a day for each day after the first day, plus mileage after the first day. Government employees who keep their regular pay don't get the fee. Cal. Code Civ. Proc. § 215 |
| Texas | At least $20 for the first day and at least $58 for each later day; the county sets the exact amount. Tex. Gov't Code § 61.001 |
| Florida | $15 a day for the first 3 days if you are not regularly employed or your wages stop; $30 a day from the fourth day. Fla. Stat. § 40.24 |
| New York | $72 a day. Employers with more than ten employees may not withhold the first $72 of daily wages for the first three days, and a juror whose employer must pay those wages, of $72 or more a day, gets no allowance for them. N.Y. Jud. Law §§ 519, 521 |
| Federal court | $50 a day; up to $60 a day after 10 days on one trial, if the judge orders it. Federal employees get their regular salary instead. 28 U.S.C. § 1871 · U.S. Courts: Juror Pay |
California courts also give summoned jurors free public transit or reimburse it up to $12 a day where transit is reasonably available, and federal jurors may get travel reimbursement and, in some courts, parking. Cal. Code Civ. Proc. § 215 · U.S. Courts: Juror Pay
Can your employer fire you for jury duty?
No. Federal law and all four states protect your job while you serve, and the remedies can be serious for an employer who breaks the rule. 28 U.S.C. § 1875 · Cal. Lab. Code § 230 · Tex. Civ. Prac. & Rem. Code § 122.001 · Fla. Stat. § 40.271 · N.Y. Jud. Law § 519
- Federal court. No employer may discharge, threaten to discharge, intimidate or coerce a permanent employee because of federal jury service. An employer that does can owe lost wages and benefits, be ordered to reinstate you, and pay a civil penalty of up to $5,000 per violation; the court may appoint a lawyer for you.28 U.S.C. § 1875
- California. An employer may not discharge or discriminate against you for taking time off to serve, if you give reasonable notice before you take the time off.Cal. Lab. Code § 230
- Texas. An employer may not fire a permanent employee for serving as a juror. If you are fired, you can return to the same job by telling the employer, as soon as practical after your service, that you intend to return, and you can sue for damages of one to five years' pay within two years of your service.Tex. Civ. Prac. & Rem. Code §§ 122.001, 122.002
- Florida. You may not be dismissed from employment because of the nature or length of jury service; threats can be contempt of court, and you can sue for compensatory and punitive damages.Fla. Stat. § 40.271
- New York. If you notify your employer before your service begins, you may not be discharged or penalized for the absence. Violating this is criminal contempt of court.N.Y. Jud. Law § 519
What to expect: jury selection and the trial
When a trial needs a jury, a group of the people who reported is taken to the courtroom. The judge, and often the lawyers, ask questions to find out whether each person can be impartial: whether you know the parties, the lawyers or the witnesses, or have an interest in the case. This is called voir dire. U.S. Courts: Juror Selection Process · U.S. Courts: Handbook for Trial Jurors
Either side can ask that a person be excused for cause, if the answers show the person might be prejudiced, and each side also has a set number of peremptory challenges that need no reason. Being excused by a peremptory challenge is no reflection on your ability or integrity. U.S. Courts: Handbook for Trial Jurors
- How long. In California, your service is complete after one trial, or one day of jury selection or attendance, or up to five court days on standby. In federal court, no one has to serve or attend for more than 30 days in a two-year period, except to finish a case. Cal. Rules of Court, rule 2.1002 · 28 U.S.C. § 1866
- During the trial. Jurors may not discuss the case with anyone, even family, may not read about it or research it on the internet, and may not visit the scene on their own. U.S. Courts: Handbook for Trial Jurors
- Your role. The jury decides the facts from the evidence, and the judge instructs it on the law. U.S. Courts: Juror Selection Process
Checklist
Before your jury date
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Getting help
For a state court, contact the jury office named on your summons about postponements, excuses and pay. For federal jury service, the court's website and its eJuror page handle questionnaires, excuses and deferrals. U.S. Courts: Summoned for Federal Jury Service?
Common questions
How do I get out of jury duty?
Only through the lawful routes: ask for a postponement to a later date, or ask to be excused for an undue hardship or because you fall in a group the law excuses, such as people over a certain age in some states. Courts check these requests, and false information is punishable.
What happens if you miss jury duty?
In California and federal court, a further notice comes first, then a possible fine: up to $1,000 in Texas and federal court, $250 in New York, $100 in Florida, and in California sanctions of $250, $750 and $1,500 for repeated violations. Contact the court as soon as you can.
Do you get paid for jury duty?
Yes, a small daily amount: $50 a day in federal court, $72 in New York, at least $20 the first day and $58 after in Texas, $15 a day from the second day in California, and in Florida $15 or $30 a day depending on the day and your wages.
Can my employer fire me for jury duty?
No. Federal law and the laws of California, Texas, Florida and New York protect your job. Tell your employer when you get the summons: California and New York require notice before you serve.
Can I postpone jury duty?
Yes. California grants a one-time deferral on request, Texas grants one postponement a year to a date within six months, Florida up to 6 months, New York up to six months, and federal courts consider deferrals through the court.
Who is exempt from jury duty?
It depends on the court. Texas lets people 75 or older claim an exemption, and Florida excuses people 70 or older on request. Federal courts bar active-duty military, professional firefighters and police, and full-time public officers. California has no exemptions by occupation; it excuses only for undue hardship.
How long does jury duty last?
In California, your service ends after one day or one trial, or up to five court days on standby. In federal court, no one has to serve more than 30 days in two years, except to finish a case.
What happens during jury selection?
The judge and the lawyers ask the group questions to check that each person can be impartial. Some people are excused for cause or by peremptory challenge, which is no reflection on them. Answer every question truthfully.
Is a call about a missed jury duty fine real?
Be careful: scammers call and email threatening fines or arrest and ask for personal or payment details. Federal courts don't ask for sensitive information by phone or email. Call the court's clerk using the number on the court's own website.
Official sources
- U.S. Courts: Jury Service uscourts.gov
- U.S. Courts: Summoned for Federal Jury Service? uscourts.gov
- U.S. Courts: Juror Qualifications, Exemptions and Excuses uscourts.gov
- U.S. Courts: Juror Selection Process uscourts.gov
- U.S. Courts: Juror Pay uscourts.gov
- U.S. Courts: Juror Scams uscourts.gov
- U.S. Courts: Handbook for Trial Jurors Serving in the United States District Courts (PDF) uscourts.gov
- 28 U.S.C. § 1863: jury selection plans, excuses and exemptions govinfo.gov
- 28 U.S.C. § 1865: qualifications for federal jury service govinfo.gov
- 28 U.S.C. § 1866: summoning, excuses, length of service, failure to appear govinfo.gov
- 28 U.S.C. § 1871: juror fees govinfo.gov
- 28 U.S.C. § 1875: protection of jurors' employment govinfo.gov
- California Code of Civil Procedure § 191: jury service as an obligation of citizenship leginfo.legislature.ca.gov
- California Code of Civil Procedure § 203: who is eligible leginfo.legislature.ca.gov
- California Code of Civil Procedure § 204: no exemptions; excuse for undue hardship leginfo.legislature.ca.gov
- California Code of Civil Procedure § 209: failing to attend; sanctions leginfo.legislature.ca.gov
- California Code of Civil Procedure § 215: juror fees, mileage and transit leginfo.legislature.ca.gov
- California Rules of Court, rule 2.1002: length of juror service (one day or one trial) courts.ca.gov
- California Rules of Court, rule 2.1004: scheduling accommodations (one-time deferral) courts.ca.gov
- California Rules of Court, rule 2.1008: excuses from jury service courts.ca.gov
- California Labor Code § 230: time off for jury service leginfo.legislature.ca.gov
- Texas Government Code, Chapter 62 (§§ 62.0141, 62.0143, 62.102, 62.106, 62.108, 62.110, 62.111) tcss.legis.texas.gov
- Texas Government Code, Chapter 61 (§ 61.001: juror reimbursement) tcss.legis.texas.gov
- Texas Civil Practice and Remedies Code, Chapter 122 (§§ 122.001, 122.002: jurors' employment) tcss.legis.texas.gov
- Florida Statutes § 40.01 (2026): qualifications of jurors flsenate.gov
- Florida Statutes § 40.013 (2026): persons disqualified or excused from jury service flsenate.gov
- Florida Statutes § 40.23 (2026): summoning jurors, postponement and fines flsenate.gov
- Florida Statutes § 40.24 (2026): juror compensation flsenate.gov
- Florida Statutes § 40.271 (2026): jury service and employment flsenate.gov
- New York Judiciary Law § 510: qualifications nysenate.gov
- New York Judiciary Law § 517: excuses and postponements nysenate.gov
- New York Judiciary Law § 519: right of juror to be absent from employment nysenate.gov
- New York Judiciary Law § 521: fees of jurors nysenate.gov
- New York Judiciary Law § 527: procedure for noncompliance nysenate.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.