Very few of us enjoy jury duty, but for some people, serving is more than just an inconvenience. It can create a very real hardship. In those instances, there are a few ways to avoid being picked to serve on a jury.

But before you don a prison jumpsuit costume or fake suffering from post-traumatic stress disorder, first, you should determine whether you’re eligible for a legal exemption or an excusal due to hardship. 

If not, the best strategy is to be as opinionated as possible during voir dire (lawyer-speak for jury selection). In our experience — having done many trials — this is the best way for either the prosecutor or defense attorney to remove you from the juror pool.

Legal Exemptions from Jury Duty

Texas law includes exceptions for people whose circumstances make it difficult – or impossible – to serve. These people can request an exemption:

• Are you age 75 or older?
• Do you have legal custody of a child younger than 12 years of age, and would your service on the jury require leaving the child without adequate supervision?
• Are you a high school student?
• Are you enrolled and attending an institution of higher education?
• Have you served as a juror in the county during the 24 to 36 months preceding the date you are required to appear for this summons? (Typically, the two-year exemption applies in counties with a population of  200,000 or more, and the three-year exemption is for residents of counties with populations higher than 250,000)
• Are you the primary caretaker of someone who cannot care for themselves?
• Do you serve as an elected official or a government employee?
• Are you an active duty military service member deployed and away from your county of residence?

If you aren’t eligible for a complete exemption, you can usually request a one-time delay.

Other Valid Excuses

Other circumstances may potentially make you eligible for an exemption or dismissal:

Non-residency: If you’ve moved and currently reside outside the jurisdiction in which you’ve been summoned, you can request dismissal, which will be approved.

Financial hardship: Employers aren’t required to pay you for time spent on jury duty. If you’re one of the 78% of Americans who live paycheck to paycheck, you can present pay stubs, tax returns, and/or a copy of your employer’s jury-pay policy.

Prior jury service: The larger counties in Texas will exempt you from appearing again if you’ve served in the past two to three years. However, this only applies to county jury duty. If you’re summoned for municipal or federal jury duty, the exemption won’t apply. If you recently served, review your county’s policy.

Request an Exemption

• Review the summons: When you receive a summons in the mail, it typically includes instructions for requesting an exemption. You can submit your request online and get an answer faster — sometimes within a day or two.
• Make a written request: If you’re requesting a one-time delay (hoping you won’t be reassigned a new appearance date), don’t submit your request online. With an online request, many counties will immediately grant the delay and assign you a new date to appear. If you submit your request in writing, there’s a better chance of being able to slip through the cracks.
• Appear in court if necessary: If you don’t hear that you’ve been excused, you may still have to appear on your scheduled service date. However, you can explain your reasons for your inability to serve to the judge during the selection process, and they will consider your situation when interviewing potential jurors.

READ MORE: What is a mistrial?

How to Not Get Picked for Jury Duty

The jury selection process is known as voir dire. During this process, the judge, prosecutor, and defense attorney will ask you questions. Generally, the best way to avoid being picked is to express strong opinions during questioning. 

• Show potential bias: Attorneys want jurors who can be impartial. If they believe you can’t be fair — or that your life experiences have given you preconceived notions about the crime or the defendant — they will dismiss you.
• Express disinterest: If you appear disinterested or inconvenienced, attorneys may fear that you won’t be attentive during the trial.
• Imply distrust of police: Many criminal trials involve police testimony. If you have reason to question police actions, you’ll probably be dismissed. This won’t apply for civil cases, though.
• Question the legal system or the jury process: Expressing skepticism about the trial system implies that you may not follow instructions. This could lead to a mistrial.
• Cite medical or financial hardship: If attending the trial will cause you medical harm or extreme financial strain, now is the time to mention this. However, be prepared to show documentation.
• Travel plans: If you’re traveling — whether for work or personal reasons — you may have made non-refundable arrangements, such as plane tickets or prepaid hotel bookings. In many cases, the court will release you, as long as you can show evidence of your bookings.
• Express strong religious beliefs: Some people have beliefs that discourage you from judging others, or have strong beliefs about right vs. wrong. This can affect your impartiality.
• Say you have no religious beliefs: Though religion is not supposed to be a factor when considering jurors, atheists and agnostics are often released from jury duty due to negative perceptions.
• Express strong opposition to the death penalty: This will only matter in capital cases, but those who feel strongly that the death penalty is wrong are unlikely to be chosen for a case involving the death penalty.

Additionally, sometimes, your career may be enough to get you excused. Lawyers, court employees, journalists, ministers, and cops are among the workers who may be less-than-ideal picks for one side or the other. 

Don’t Lie

Almost 10% of people admitted lying to try to get out of jury duty. While a white lie exaggerating your personal opinions or beliefs probably won’t get flagged, other efforts could result in perjury charges or be held in contempt of court.

This includes:

• Claiming you’ve committed a felony in the past
• Requesting an exemption for travel when you have no travel plans
• Asking your employer to write a false letter on your behalf
• Falsely claiming you care for a child or elderly family member
• Falsely claiming a medical exemption
• Claiming you never received the summons in the mail

If you submit a false exemption and get caught, you can be found in contempt of court and fined $100 to $1,000. Policies vary by county.

If you simply fail to respond to the summons or fail to appear for jury duty without a reasonable excuse, you could be fined anywhere between $100 and $500. 

READ MORE: Common courtroom objections

Real Juror Excuses

• One potential juror was a well-known drag performer, and too many people in the jury pool knew who they were
• One said that he could be unbiased about the defendant but that his attorney seemed smarmy and dishonest – they were instantly dismissed
• As the prosecutor asked jurors questions, one guy said, “The defendant is pretty hot, and that’s gonna cloud my judgment” 
• The attorney asked prospective jurors if they could handle viewing pictures of the alleged acts. One elderly woman replied, “Well if you’ve got pictures, what do you need us for? Lock him up!”
• One said they don’t believe fingerprints are unique
• In a foreclosure case, one juror was asked if they’d ever had an account with Mellon Bank. “No, but is it a problem that I worked for the Mellon family for ten years…?”

More Commonly Asked Questions

Is Jury Duty Mandatory?

Regardless of your state of residence, all U.S. citizens are legally obligated to appear for jury duty when summoned. Trial by jury is a constitutional right, and the system safeguards the democratic process.

As a juror in Texas, you could be called for anything from a capital murder case to a patent dispute. Cases can last anywhere from a few hours to a few weeks. All prospective jurors will be asked a series of questions to ensure they can remain impartial. This is known as voir dire. 

Many cases in Texas are resolved quickly. If a trial is expected to last a long time, work, travel, and health situations will be considered.

Most jurors will return home each evening. Though jurors can be sequestered at a hotel, that is typically very rare and is reserved for the most high-profile cases, such as the felony murder trial of Gerald Goines, a former undercover narcotics officer for the Houston Police Department, or Amber Guyer, a Dallas police officer who fatally shot Botham Jean in his apartment.

If being sequestered will cause problems at home, that will be considered during the selection process.

What Happens if I Ignore the Jury Summons?

Statewide, anyone who fails to comply with a jury duty summons could be found in contempt of court, which is punishable by a fine of at least $100 but not more than $1,000 (Government Code, Section 62.0141). 

No-show rates can be high. Harris County alone summons more than half a million residents annually for jury duty, and the no-show rates have been as high as 48%.

Dallas County offers a two-week grace period to send a letter explaining why you failed to appear. 

Data from the NCSC shows that nationwide, no-show rates increased from 14% in 2019 to 16% in 2022. Like Harris County, some courts have reported rates exceeding 33%.

How Much Are Jurors Paid in Texas?

In June 2023, the Texas State Legislature approved a pay raise for jurors. You will be paid $20 for the first day of service (even if you aren’t selected for a jury) and $58 for each additional day required.

Because employers aren’t required to pay you during this time, it’s important to review your company’s pay policy whenever you receive a summons. Many people have been surprised to learn that their pay was docked or that an employer deducted the $20 juror pay from their paycheck.

What is the Difference Between Civil and Criminal Jury Duty?

Civil and criminal cases are different. In some jurisdictions, you could be considered for either type. However, in some places, you’ll know the kind of case in advance. For example, in Dallas County, jurors for criminal trials report to the Lew Sterrett Justice Center. In contrast, potential jurors for civil cases are asked to report to the George Allen Court Building.

Criminal: Just as it sounds, these defendants are accused of committing a crime, and guilt must be proven beyond a “reasonable doubt.” They are prosecuted by the state, which is represented by a district attorney. These range from theft to murder.

Civil: These trials involve disputes between individuals. Cases usually involve property or money. Jurors evaluate evidence to settle the dispute. These often involve personal injury cases, family law issues, and contract disputes.