An individual can request an exemption or postponement from their jury duty in New York, provided they have a legitimate reason for being unable to serve. As such, they should contact the court promptly to explain their situation, submit necessary documents and follow through the required procedures.
Jury duty is a legal obligation for citizens who are summoned to serve on a jury during a trial. While it is possible to be exempted from jury duty, several steps must first be taken by New York constituents before exemption can be awarded. Jurors are typically required to serve for the duration of the trial, which can range from a few days to several weeks – sometimes for more.
On average, citizens in New York can expect to be called for jury duty once every two to six years. Failing to report for jury duty when summoned in New York is considered contempt of court and can result in legal consequences:
- Up to $1000 in fines;
- Being issued a bench warrant;
- Community service or other court-sanctioned penalties; or
- Jail time (in some rare cases)
To avoid potential repercussions, it is crucial for New York residents to respond to jury summons and follow the instructions provided by the court. But in cases of jury duty exemption and postponement, we’ve discussed the specifics of this below.
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Who Can be Drafted for Jury Duty?
You are eligible to serve as a juror in New York State if you are:
- a United States citizen;
- at least 18 years old;
- a resident of the county to which you are summoned to serve;
- be able to understand and communicate in the English language; and
- not have been convicted of a felony
Potential jurors are drafted from government records. Registered drivers, registered voters, tax filers, subsidy recipients, and volunteers are among the typical candidates. Note that there are no automatic exemptions or excuses from jury service in New York State.
Can You Be Excused from Jury Duty in New York?
In New York, certain individuals may be exempt from jury duty or may request an exemption based on specific circumstances. Exemptions may be made under the following basis:
| BASIS | DESCRIPTION |
| Age | Individuals who are 70 years or older may claim an exemption from jury duty based on their age. |
| Occupation | Certain occupations are exempt from jury duty in New York, including active military members, elected government officials, judges, lawyers, police officers, firefighters, and ambulance personnel. |
| Previous Jury Service | If an individual has served on a jury in New York within the past 2-8 years (subject to the previous State or Federal court), they may be exempt from serving again during that period. |
| Medical Reasons | Individuals with physical or mental disabilities that would prevent them from serving as jurors may request an exemption. A doctor's note or other medical documentation may be required. |
| Undue Hardship | If serving on a jury would cause undue hardship or extreme inconvenience, individuals may request an exemption. Examples of undue hardship may include: – Financial hardship, such as losing income due to jury service – Caregiving responsibilities for children, elderly, or disabled family members |
| Non-Residency | If an individual is no longer a resident of New York or the county where they were summoned, they may be exempt from jury duty. |
| Student Status | While being a student does not automatically exempt an individual from jury duty, full-time students may request a postponement of their service to a time when school is not in session. |
To get an exemption, individuals should follow the instructions provided on their jury summons. Said document contains all necessary contact information to process the request. They may be required to provide documentation or complete a questionnaire to support their request.
| To file for an exemption from jury duty in New York, follow these steps: 1. Review your summons carefully. It would provide all the information you need to request an exemption. 2. Check if you meet any of the criteria for exemption (those provided above). 3. Gather documents that would support your exemption. 4. Contact the respective court where you’re being summoned. 5. Formally file your request for an exemption. Fill out all required forms and submit all relevant documents. 6. Wait for a response. The court might need some time to process your request and respond with a definitive answer. 7. Proceed as instructed by the court. |
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Can Jury Duty be Rescheduled?
Yes, in New York, jury duty can be rescheduled or postponed to a more convenient time in many cases. Much like exemptions, this request should be filed ahead of time. Some valid reasons include (but are not limited to):
- Pre-planned travel or vacation
- Medical procedures or appointments
- Work-related commitments
- Childcare or caregiving responsibilities
- School or educational commitments
If your request for postponement is granted, you will typically be asked to choose a new date for your jury service. The court will provide a range of dates from which you can select a more convenient time. After selecting a new date, make sure to confirm your postponement with the court and record your new reporting date.
It's important to note that while postponements are often granted, there may be limitations on how far in advance you can reschedule your service. Some courts may require you to serve within a specific timeframe, such as six months from your original summons date.
If you have a more permanent reason for being unable to serve, such as a medical condition or undue hardship, you should contact the court to discuss your options for exemption rather than postponement.
Consult a Seasoned New York Lawyer Today
Remember, while jury duty can be inconvenient, it is a civic responsibility, and courts aim to work with jurors to find a suitable time for them to fulfill this obligation. If you have further questions about New York law regarding jury duty or need help with a personal injury-related matter, please don’t hesitate to reach out to The Porter Law Group. We work on a contingency basis, meaning you don’t have to pay anything unless we win your case.
Our team of season experts are proven to drive positive results. Please reach out to us for a non-obligatory free case evaluation.
You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
