Is It Possible To Get Out of Jury Duty in New York?

Posted in New York Law on May 27, 2023

Have you been summoned for jury duty in New York? If so, you may wonder if you must participate and whether you can get out of doing so.

Jury duty can be time-consuming and burdensome for you and your family, lasting weeks to months. You might have work or home responsibilities that make dedicating time to serve on a jury impossible. As a busy person, you might not be able to handle jury duty right now and must postpone it to a later date. Or, you may be unable to take on jury duty at all.

While you could get out of jury duty in some circumstances, it is essential to understand the correct approach. Otherwise, New York could penalize you for ignoring your civic duty.

What Happens if You Skip Jury Duty Without Permission From the Court?

Skipping jury duty in New York has consequences. When you get summoned for jury duty in New York City, you must report to the court. You cannot simply ignore the summons.

Missing jury duty can lead to civil or criminal penalties. You will receive a new date for future jury service if you ignore your summons.

Can You Postpone Jury Duty?

Those exploring how to get out of jury duty in New York might consider postponing it. If it is not a good time for you to fulfill your civic duty, you can delay jury duty. In other words, you can defer your responsibility to a later date.

You may postpone your service up to one week in advance of your date. To reschedule your jury duty, visit New York’s website or call 800-449-2819.

On your summons is a juror index number, which is your identification number for jury duty. You will need this number to arrange for a postponement.

As you reschedule, you may pick a date between two and six months from the date on your summons. Although you are not guaranteed to receive your first choice, the court will assign you a date closest to your preference.

Can You Be Excused From Jury Duty?

In some instances, your local Commissioner may exempt you from jury duty. You might need an exemption if you cannot perform jury duty in the next six months and thus cannot postpone your service.

Depending on the circumstances, you get out of jury duty for the following reasons, which primarily relate to medical or financial situations:

A severe health condition affects you or a loved one for whom you provide care. Being a juror would cause medical hardship.
Sitting on a jury would cause you significant financial hardship. For example, if you work for yourself as a business owner or sole proprietor, you will lose income by having to take time away from your job to sit on a jury.
You are the primary caregiver of young children, such as a stay-at-home parent, and do not have care for your children in place while you would be in court. It would be a financial hardship for you to secure childcare.
As a result of your advanced age, you will be unable to participate. While there is no upper age limit on who can serve on a jury, you could receive an exemption from jury duty if you explain how your age or age-related conditions would make jury duty difficult for you.

To request an excuse, contact your local Commissioner of jurors office. It is necessary to explain why you cannot serve.

You need to provide documents showing why you cannot sit on a jury. For instance, if you cannot sit on a jury for a medical reason, you may need a note from your physician. As each situation is unique, your Commissioner can explain what documents you need for your circumstances.

Since this can take some time, it is best to begin the process as soon after receiving your summons.

Contact a New York Personal Injury Attorney for Legal Guidance

If you have further questions about New York law regarding jury duty or need help with a personal injury-related matter, contact an experienced attorney for help. Most personal injury lawyers offer a free initial consultation to review your case and offer legal advice.

If you need legal assistance, contact the New York City personal injury lawyers at Law Offices of Jay S. Knispel Personal Injury Lawyers at your nearest location to schedule a free consultation.

We have two convenient locations in New York:

Law Offices of Jay S. Knispel Personal Injury Lawyers – New York City Office
450 7th Ave #1605
New York, NY 10123
(212) 564-2800

Law Offices of Jay S. Knispel Personal Injury Lawyers – Brooklyn Office
26 Court St Suite 2511
Brooklyn, NY 11242