Got a Jury Duty Summons in California? Here's What to Know

As a relatively new United States citizen, getting a jury duty notice — that small piece of paper politely informing me that I need to be ready to show up at the courthouse in a few weeks’ time — still comes with a sense of mystery. And perhaps even a bit of drama: American movies can make it seem like a trial will be Tom Cruise dishing one bombshell revelation after the other, after all.

But I know not everyone feels the same way. Serving on a jury when called may be required by law of all U.S. citizens, but for many, it also means figuring out childcare, requesting time off from work when money is already tight, or pushing back a family trip.

“Whether we admit it or not, we all have gotten that note in the mail and the first thing that runs through your mind before you look at it is, ‘Oh God, I’m getting called again,’” said Bob Fleshman, court executive officer for the Napa County Superior Court. “But the bottom line is that jury service is a fundamental aspect of our justice system.”

Jury service is also actually older than the United States itself. By the time of American Independence, most of the Thirteen Colonies had already developed their own versions of the English model of deciding cases by a jury.

The framers of the Constitution included the right to a jury trial as a way to protect individuals who could be unfairly accused and imprisoned by a biased or corrupt judge.

“If we don’t have jurors in our jury system, our legal system would be severely compromised and probably just stop altogether,” said Judy Walker, jury operations manager for the Solano County Superior Court. “If we want this to work for us, then we need to work it for others.”

Nonetheless, Walker acknowledged that the legal system can seem very complicated for first-time jurors. “There’s a lot of things that happen behind the scenes that not everyone is privy to,” she said.

Keep reading for everything you need to know about getting your first jury duty summons (or even if it’s just been a while).

• Jump straight to: Who’s exempt from jury duty?

Why did I get this jury duty notice?

How does your county’s court know where to find you? The answer: Three different agencies provide courthouses with the name and address of potential jurors:

• The DMV: If you have a driver’s licence or state ID
• The Franchise Tax Board: If you’ve filed state taxes in California
• Your county’s voter registration office: Voter registration rolls are also used for jury duty selection.

All the names from these different agencies are mixed, and courts then pick names randomly. Sometimes, however, this random selection can lead to unintentional mistakes: someone who is not yet a U.S. citizen could receive a summons, for example.

Plus, “courts don’t know if you have a medical issue. Courts don’t know if you’re taking care of an ailing parent. Courts don’t know if you’ve moved to a different county,” Napa County’s Fleshman said. “There’s a lag time in updating stuff.”

Who’s exempt from jury duty?

Getting in touch with the court as soon as you get the summons is critical, Fleshman said. “Don’t wait till the day of where you’re going to go in and ask to be deferred because then you’re just putting yourself at a disadvantage,” he said.

When can a person be exempted from jury duty? Courts can be pretty understanding of many personal commitments like pre-planned travel or medical procedures, Fleshman said.

If you call the number that is printed on your summons, the court won’t necessarily excuse you from jury duty, but it may give you a different date to come in.

If you think that you won’t be able to make any date at all for jury duty, you are still required by law to show up to court if you are called. On your first day in court, you will go through an orientation. “Potential jurors can request a ‘hardship’ at that time,” Solano County’s Walker said. “They can put their issue on why they cannot serve as a juror on this particular case.”

What other reasons could get a person excused from jury duty?

While there’s plenty of chatter online on what can excuse you from jury duty — not all of it accurate or reliable — the California Rules of Court are very specific on what situations actually count as a hardship:

• There are no transportation options available that can get you from your house to the court
• You have to travel for more than 90 minutes to get from your house to the court
• Being on a jury will cause you an “extreme financial burden” (when requesting this exemption, you will need to provide information on your source of income, and the court will then make a decisión based on the potential length of the trial and your ability to financially support yourself)
• Property belonging to you could be harmed or destroyed while you serve as a juror
• You have a physical or mental disability that could affect your well-being while serving as a juror
• You are needed immediately to help protect public health and safety and there’s no one else available to replace you while you serve as a juror (remember, technically, state law only specifies police officers, sheriff’s deputies and California Highway Patrol agents as the professions exempt from jury duty)
• You care for a child or loved one who is sick, elderly or infirm, and there’s no one else available to help care for that person while you serve as a juror.

Keep in mind that if you request an exemption, you will need to explain your hardship with a written statement — and you should be prepared to provide documentation or other evidence proving your situation.

And remember: asking for an exemption doesn’t necessarily guarantee that you will get one. But straight-up ignoring a summons — for whatever reason — could have serious legal consequences, including a fine of up to $1,500, jail time, or both.

If I get a summons, does that definitely mean I’ll be serving on a jury trial?

Not necessarily. When you get a jury summons, the court doesn’t actually know yet which case you’ll sit in on.

In Solano County, for example, the court will start sending out summons six weeks prior to a court date, Walker said. “We have X amount of trials on that date, so we know we’re going to need X amount of potential jurors. That’s kind of how we determine how many summons go out each time.”

But not all cases end up going to trial. In some instances, both sides in the case may reach a settlement or the defendant may take a plea deal. This could even happen the same morning you’re coming in to report for jury duty, so the court now has fewer cases to process than it initially expected.

“If we don’t have any other cases going out that day, then we will excuse the jurors,” Walker said. “Even though the trial didn’t move forward, their service is now complete for at least a year.”

Some counties, like San Francisco, ask jurors to visit the court’s website each evening during their week of summons to check if they need to show up to court the following day. Others, like Solano, have a phone number you can call the day before to confirm whether you need to show up.

If the court ends up not needing you that week on a jury, you may not need to show up to the courthouse at all, and can proceed with your regular routine — but you should still confirm that for each day of your summons.

And if you are called in but find yourself waiting in a room with other potential jurors for hours, rest assured, it’s not that the court wants to waste your time.

Rather, judges and lawyers could still be working out plea deals or settlements that would impact the need for jurors that day. “Maybe the case was resolved, or postponed because they needed more time,” Fleshman said.

If the case you’re assigned does move forward to trial, there’s one more step before you know for sure if you’ll be on the jury: voir dire, the juror selection process.

Here, you and other jurors will meet lawyers for both sides to talk about your background and potential biases you might have that could make you unsuitable for this particular jury.

This is when being honest about your beliefs is especially important, said Dave Sanford, chairman of civil rights firm Sanford Heisler Sharp McKnight, who has worked on jury trials for over two decades. For example, he said, “No one wants you to be on a jury if the case is about race discrimination and you already have preconceived biases coming in one way or another.”

If you’re uncomfortable being honest in an open court, Sanford recommends that you ask to approach the bench and speak to the judge privately about what you’re thinking. When having these conversations, remember that it’s also equally important not to misrepresent any of your beliefs in an effort to avoid serving on a jury.

How long could my jury service take?

Let’s say that on the week of your summons, the court does need you to be on a jury. How much time from your work (and your personal life) should you set aside for the case?

That depends on the type of case you’re assigned to, said Solano County’s Walker. In her experience, a case involving a DUI may take a few days. “If it’s a big felony case, because there’s more to introduce, those will take longer,” she said.

However, it’s likely that you won’t know what type of case you’re assigned to until you’re sitting down inside the courthouse for your orientation. If you’re assigned to a complicated case — which could involve certain felonies like murder or other violent crimes — and you believe that you cannot fulfill the responsibilities of a juror for several weeks, this is the moment when you need to let the court know about any potential hardships you’re experiencing.

Do I get time off from work for jury duty?

In California, employers are required by law to give you time off to serve on a jury. However, state law also requires that you inform your boss with “reasonable notice” ahead of your summons — although it does not provide a clear definition of what “reasonable” means.

Legal experts KQED spoke to recommend you touch base with your boss as soon as you get the jury notice in the mail, to avoid any complications.

Your employer also cannot fire you or retaliate against you for taking time off to fulfill your responsibility as a juror. While you don’t have to use your PTO hours for jury duty, keep in mind that your employer is not legally required to pay you for the time you take off.

Some businesses pay their workers a certain percentage of their regular wages — and some won’t pay them anything — so it’s best to ask ahead of time what your employer’s policy is.

If you are having issues with your boss in these matters, you can reach out to the state Department of Labor Standards Enforcement at: DLSE2@dir.ca.gov.

Do I get paid for jury duty?

In California, you will be paid $15 per day starting on the second day of your jury service.

Previously, seven counties — including Alameda in the Bay Area — provided $100 a day to low-income jurors through the state’s Jury Duty Pilot Program for low-income jurors. But this program has now been suspended as part of this year’s state budget cuts.

I got assigned to be a juror on a very intense case. What should I know going in?

While it may sound simple, taking notes could be what gets you through a really long case. “There’s going to be long days. There’s a lot of testimony. And a lot of documents,” said Sanford of Sanford Heisler Sharp McKnight, who has worked on jury trials for over two decades. “I think it’s expecting a lot from people to hold it all together.”

Your notes don’t have to include every single word you hear during the trial, but jotting down what stands out to you, as well as what you’re thinking and feeling each day, can help you keep track of all the information coming your way.

Some courts even give jurors their own notebooks, but during orientation, check in with court staff about what type of notetaking is allowed where you are.

Documenting the process this way can even help you deal with any feelings that come up after looking at graphic evidence or emotionally intense testimony.

“Go in with an open mind, leave your biases behind and be prepared to be honest, open and impartial throughout the process,” Sanford said.

If the case deals with crimes of a very violent or graphic nature, the court may offer to connect you with mental health services during or after the trial.

And if you otherwise feel that being a juror on your assigned case is affecting your well-being, whatever the subject matter, you can check in with the judge or court staff and let them know what you’re feeling.

“There’s always somebody that is available or will be available to answer questions — and to provide the assurances and help that you need so that you are ready to go on day one,” Napa County’s Fleshman said.

Do I have to keep everything I hear in court as a juror secret?

That’s correct. Court staff will walk you through all restrictions for jurors during the trial, but in general terms, you cannot talk to anyone in the outside world — even family and friends — about the trial or the evidence you are seeing in court. This includes talking to journalists covering the case, too.

Some courts may even restrict your social media use, as this could expose you to evidence outside the court record. Make sure to check in about Internet use with the bailiff or other court staff during orientation.