Very few of us are excited to get a jury summons in the mail. Potential jurors will worry about how long it will take, how much work they will miss, and the logistics of getting to and from a courthouse. Can you get out of jury duty in Texas? The answer is yes, in certain situations. Here, we’ll explain how jury duty works and the situations when you might be excused from jury duty.
Why Do We Have Jury Duty?
The Sixth Amendment of the U.S. Constitution gives citizens a fundamental right to have their case heard by a jury of peers. Jury trials are a cornerstone of justice in Texas. Juries allow those on trial to have an open-minded group of fellow citizens decide their case instead of a single judge. However, the American jury system depends on participation from those in our communities. This is where you can be called to serve.
How Are People Chosen for Jury Duty in Texas?
To be eligible for jury duty in Texas, you must be at least 18 years old, qualified to vote, a U.S. citizen, and a resident of the Texas county in which you are summoned. Some people feel they are unlucky in being selected for jury duty in Texas. While some people might happen to get a jury notice more often than others, nobody is singled out for jury duty more than anyone else.
Jury selection is a random process, and the system pulls names without any special method of choosing who gets picked. Whether you are selected and whether you end up with a 1-day civil trial or a 3-week criminal trial is completely random. Generally, however, you cannot be called for jury duty twice within a 24-month period.
Can I Get Out of Jury Duty in Texas?
The answer is yes, in some situations. Some exemptions that can allow you to be automatically excused include:
- You are over 75 years old;
- You have a child under 12 years old, have legal custody, and do not have proper child care available for when you would be on jury duty;
- You are a full-time student at a secondary school or college;
- You are the primary caretaker of someone unable to take care of themself;
- You are an employee of the legislative branch of government;
- You are a member of the U.S. Military, are on active duty, and are deployed outside your county of residence.
- You’ve been asked to appear on a day that is a religious holiday you observe;
- You have a physical or mental impairment that can affect your ability to serve;
- You have a language barrier that prevents you from fully comprehending English during a trial.
- You have already served as a juror during the past 24 months (or 36 months in counties with more than 250,000 residents).
In addition to the potential exemptions above, you can ask to be excused based on a personal hardship. Texas law requires that you provide a reasonable excuse, under oath, for why serving on the jury would cause hardship to you. For example, if you lack transportation to and from the court, suffer a physical condition that makes sitting in a jury box unbearable, or have some other compelling reason to be excused, make sure the court is aware of your situation.
These are all some ways that you could get out of jury duty without ever being seated as a juror. Of course, the jury selection process in a court trial will naturally thin the jury pool, and you can be released without having to give any explanation at all.
The important thing to remember is that being selected as a juror does not always mean you will have to sit on the jury for a trial. The court system recognizes that everyone’s situations are different, and you might face obstacles that interfere with your ability to serve.
Understand Your Rights as a Potential Juror in Texas
If you have been summoned to appear for jury duty in Texas, you should understand all of your options. Depending on your situation, you might be qualified for an exemption from jury duty. In some cases, you can explain a hardship that releases you from jury duty. The consequences of skipping jury duty without an explanation can be serious, however. If you have any questions about jury duty, consult an experienced Texas attorney for guidance.
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