Read

 E-mail Print

STATE

STATUTORY CITATION

PROVISIONS

Alabama

Ala. Code §§ 12-16-63.1, 12-16-75, 12-16-8, 12-16-8.1, 12-16-63, 12-16-70, 12-16-74, 12-16-76, 12-16-82

Jurors are allowed one automatic postponement but must reschedule within six months of the original summons. Court is to postpone and reschedule the service of an employee of a small business if another employee of that employer is already serving. Limits the frequency of service to no more than once every 24 months. Prohibits an employer from taking adverse employment action against an employee solely because the person serves on a jury. Employers may not require an employee to use annual, vacation, or sick leave time for jury duty. Sets stricter rules for prospective jurors to be excused from service. Increases the maximum fine for contempt for failure to appear to $300 and jail to 10 days.

Arizona

Ariz. Rev. Stat. § 21-222

Subject to the availability of monies, monies in the fund shall be used to pay full or partial earnings replacement or supplementation to jurors who serve as petit jurors for more than five days and who receive less than full compensation. The amount of replacement or supplemental earnings shall be at least forty dollars but not more than three hundred dollars per day per juror beginning on the fourth day of jury service. A juror whose jury service lasts more than five days may submit a request for payment from the fund. The amount a juror receives from the fund is limited to the difference between the jury fee prescribed in section 21-221 and the actual amount of earnings a juror earns, not less than forty dollars, up to the maximum of three hundred dollars, minus any amount the juror actually received from the juror's employer during the same time period.

Ariz. Rev. Stat. § 21-202

Provides a detailed list of persons who may be excused from jury duty.

Ariz. Rev. Stat. § 21-236

An employer shall not require or request an employee to use annual, vacation or sick leave for time spent responding to a summons for jury duty. An employer shall not refuse to permit an employee to serve as a juror. No employer may dismiss or in any way penalize any employee because the employee serves as a grand or trial juror. An employer is not required to compensate an employee when the employee is absent from employment because of jury service. An employee shall not lose seniority or precedence while absent from employment due to serving as a member of a grand or trial jury. Upon return to employment the employee shall be returned to the employee's previous position, or to a higher position commensurate with the employee's ability and experience as seniority or precedence would ordinarily entitle the employee. A court shall postpone and reschedule the service of a summoned juror of an employer with five or fewer full-time employees, or their equivalent, if during the same period another employee of that employer is serving as a juror. A postponement pursuant to this subsection does not affect a person's right to one automatic postponement under section 21-336. A person who violates any provision of this section is guilty of a class 3 misdemeanor.

Colorado

Colo. Rev. Stat. §§ 13-71-101 to 13-71-145

Provides numerous revisions to the state's Uniform Jury Selection and Service Act. Establishes stricter criteria for jurors to be excused from services. Provides protections for small business by allowing employees of small businesses to reschedule service if another employee from the same firm already is serving on a jury.

Indiana

Ind. Code § 33-28-4-8

A person scheduled to appear for jury service has the right to defer the date of the person's initial appearance for jury service one time upon a showing of hardship, extreme inconvenience, or necessity. The court shall grant a prospective juror's request for deferral if the following conditions are met: (1) The prospective juror has not previously been granted a deferral. (2) The prospective juror requests a deferral by contacting the jury commissioner: by telephone; by electronic mail; in writing; or in person. (3) The prospective juror selects another date on which the prospective juror will appear for jury service that is: not more than one year after the date upon which the prospective juror was originally scheduled to appear; and a date when the court will be in session.

Ind. Code § 33-28-4-8.3

If a person is summoned to serve as a juror; and notifies the person's employer of the jury summons within a reasonable period: after receiving the jury summons; and before the person appears for jury service; the person's employer may not subject the person to any adverse employment action as the result of the person's jury service. An employee may not be required or requested to use annual vacation or sick leave for time spent. This does not require an employer to provide annual vacation or sick leave to an employee who is not otherwise entitled to these benefits.

Louisiana

La. Rev. Stat. Ann. §§ 13:3041 to 13:3057

Amends statutory provisions related to jury service by establishing grounds for waivers of petit jury service, postponements, employee protections and Lengthy Trial Fund.

Maryland

Md. Ct. & Jud. P. Code Ann. §§ 8-101 to 8-507

Increases juror compensation from $15 to $50 per day, after the fifth day of service. Provides leave time protections for employees.

Mississippi

Miss. Code Ann. §§ 13-5-1 to 13-5-97

Revises the Jury Patriot Act, which provides that potential jurors can only be excused from service for illness or undue hardship, limits the frequency of jury service, requires notice of jury service exemption entitlement to be included in juror summonses, allow juror postponement for one time only, provides employment protection for jurors, revises the punishment for failure to appear for jury service, creates a Lenghty Trial Fund and eliminates certain juror exemptions. The effective date has been delayed until January 1, 2008.

Missouri

Mo. Rev. Stat. § 494.400 to 494.505

Provides specific criteria for jurors to be excused from service. Allows a juror one automatic postponement. Provides protections which prohibit employers from requiring employees to use personal or sick leave for time spent responding to a summons for jury duty. Provides for small business protections which required a court to reschedule the service of a summoned juror if the juror works for an employer with five or fewer employees and has another employee already summoned during the same period. Failure to appear for jury service is contempt and is subject to a fine not to exceed $500.

New Mexico

N.M. Stat. Ann. §§ 38-5-1 to 38-5-19

A person scheduled to appear for service on a petit jury may request a postponement of the date of initial appearance for jury service. The request for postponement shall be granted if the juror has not previously been granted a postponement; and agrees to a future date, approved by the court, when the juror will appear for jury service that is not more than six months after the date on which the prospective juror originally was called to serve.

Two employees of a small business shall not be required to serve on a jury at the same time.

A person may be excused from jury service at the discretion of the judge or the judge's designee, with or without the person's personal attendance upon the court, if jury service would cause undue or extreme physical or financial hardship to the prospective juror or to a person under the prospective juror's care or supervision; the person has an emergency that renders the person unable to perform jury service; or the person presents other satisfactory evidence to the judge or the judge's designee.

An employer shall not deprive an employee of employment or threaten or otherwise coerce the employee because the employee receives a summons for jury service, responds to the summons, serves as a juror or attends court for prospective jury service. An employer shall not require or request an employee to use annual, vacation or sick leave for time spent responding to a summons for jury service, participating in the jury selection process or serving on a jury. Nothing in this subsection requires an employer to provide annual, vacation or sick leave to employees who are not otherwise entitled to those benefits under company policies.

Ohio

Ohio Rev. Code Ann. §§ 2313.01 to 2313.08

Upon a request made at least two business days before the juror's initial appearance shall postpone the juror's initial appearance for jury duty if both of the following apply: (1) The juror has not previously been granted a postponement. (2) The juror and the appropriate court employee appointed by the court agree to a specified date on which the juror will appear for jury service. The specified date shall be one on which the court is in session and not more than six months after the date for which the juror was originally called to serve.

A prospective juror may be excused if jury service would otherwise cause undue or extreme physical or financial hardship to the prospective juror or a person under the care or supervision of the prospective juror. After twenty-four months, a person excused from jury service shall become eligible once again for qualification as a juror unless the person was excused from service permanently.

No employer shall require or request an employee to use annual, vacation, or sick leave for time spent on a jury. Nothing in this division requires an employer to provide annual, vacation, or sick leave to employees under the provisions of this section who otherwise are not entitled to those benefits under the employer's policies.

Violators may be fined not less than one hundred nor more than two hundred fifty dollars and may be punished as for contempt of court.

Oklahoma

Ok. Stat. tit. 38, §§ 18 to 37

Individuals scheduled to appear for jury service have the right to postpone the date of their initial appearance for jury service one time only. When requested, postponements shall be granted, provided that the juror has not previously been granted a postponement; the prospective juror appears in person or contacts the clerk of the court by telephone, electronic mail, or in writing to request a postponement; and prior to the grant of a postponement with the concurrence of the clerk of the court, the prospective juror fixes a date certain on which he or she will appear for jury service that is not more than six months after the date on which the prospective juror originally was called to serve and on which date the court will be in session unless the prospective juror is permanently excused.

In districts in which an on-call system is implemented, no person shall be required to render service as a juror for more than one day in a calendar year, unless he or she is selected to serve in a trial or is under consideration to serve in a trial and such consideration covers a period of two or more days. Once selected, a juror shall serve on the jury for the duration of the trial unless excused by the presiding judge.

Every employer who discharges an employee, causes an employee to be discharged, takes other adverse action against an employee or requires an employee to use sick, annual or vacation leave because of said employee's absence from employment by reason of said employee's having been required to serve on a jury shall be liable to the employee in a civil action at law for both actual and exemplary damages. The provisions of this section shall not require an employer to pay an employee wages for the time the employee is absent from employment for jury duty unless the employee takes paid leave for that purpose

Texas

Tex. Gov. Code §§ 62.001 to 62.021

Increases juror pay from not less than $6 per day to not less than $40 per day.

Prospective jurors are allowed one automatic postponement from service, in which case service must be rescheduled within six months after the date of the original summons.

Utah

Utah Code Ann. §§ 78-46-1 to 78-46-41

Establishes statutorily acceptable excusals from and postponements of jury service as well as penalties for failing to appear for jury duty.