Arizona requires qualified people to serve on a jury when summoned, but state law recognizes that some people cannot reasonably serve. Depending on the circumstances, a person may qualify for an excuse or be able to postpone service until a later date.
It is possible to get out of jury duty in Arizona in certain situations, but simply being busy or not wanting to serve is generally not enough. The court decides whether a person qualifies for an excuse based on Arizona law and the information provided with the request.
Who Can Be Excused from Jury Duty in Arizona?
Arizona law provides several grounds for being excused from jury service.
Under Arizona Revised Statutes § 21-202, a court may excuse a prospective juror when circumstances such as these apply:
- A mental or physical condition prevents the person from serving.
- Jury service would cause undue or extreme physical or financial hardship.
- Serving would seriously harm the public interest or welfare.
- The person cannot currently understand English.
- The person cannot obtain substitute care for someone under their care.
- The person qualifies for an excuse based on certain prior jury service.
- The person is temporarily outside the court’s jurisdiction or lacks transportation.
Other statutory grounds may also apply. A person requesting an excuse may need to provide supporting documents.
A person who is at least 75 years old may also submit a written request to be excused from jury service. The person may ask for either a temporary or permanent excuse.
The judge or jury commissioner reviews the request and decides whether the person qualifies.
Can You Get Out of Jury Duty Because of Work?
Having a job or being busy at work is generally not enough to be excused.
Arizona law states that missing work alone does not qualify as undue or extreme financial hardship. However, a person may qualify when jury service would create costs that substantially affect their ability to pay necessary living expenses or support someone who depends on them.
Arizona also protects employees who report for jury duty. Under state law, an employer cannot refuse to allow an employee to serve or punish an employee for jury service.
Employers are not generally required to pay employees for the time they spend serving on a jury.
What if You Take Care of a Child or Another Person?
Caregiving duties can support a request to be excused in some situations.
Arizona law recognizes hardship when jury service would require a person to abandon someone under their care because appropriate substitute care cannot be obtained.
The court may ask for documentation showing the caregiving responsibilities and why another suitable caregiver is unavailable.
Having a child or caring for someone does not automatically create an excuse. The court looks at whether jury service would actually require the prospective juror to leave a person without necessary care.
Can You Postpone Jury Duty Instead?
If the problem is the date rather than jury service itself, postponement may be a better option.
Under Arizona Revised Statutes § 21-336, a prospective juror may postpone the initial appearance for jury service up to two times if the statutory requirements are met. The new date must fall within the period set by the jury commissioner and on a date when the court is in session.
A later postponement may be available only for an extreme emergency that could not have been anticipated earlier.
The summons should provide instructions for requesting a new date.
How Do You Ask to Be Excused?
Do not simply ignore the jury summons.
The Arizona Judicial Branch states that requests to be excused should be made in writing to the court that issued the summons. Supporting documents are generally required.
Depending on the reason, supporting information could include:
- Medical documentation
- Payroll or financial records
- Proof of dependency or guardianship
- Information about caregiving duties
- Other documents showing the claimed hardship
Submit the request by the deadline and follow the instructions on the summons. Sending a request does not mean it has been approved, so check the court’s response before deciding not to appear.
What Happens if You Ignore a Jury Summons?
Failing to appear is different from asking the court to excuse or postpone service.
Jury service is mandatory for qualified individuals who have been summoned and not excused. According to the Arizona Judicial Branch, failure to appear as directed can result in legal penalties, including a fine of up to $500 and rescheduling for jury service.
If you have a legitimate reason that prevents you from serving, contact the court rather than ignoring the summons.
Contact the Phoenix Personal Injury Lawyers at Triumph Law Group for a Free Consultation
It is possible to get out of jury duty in Arizona when you meet one of the state’s grounds for an excuse. Medical conditions, serious financial hardship, certain caregiving duties, and other qualifying circumstances may allow a court to excuse you.
For more information, contact the Phoenix personal injury lawyers at Triumph Law Group for a free consultation.
Triumph Law Group – Phoenix Office
1221 E Osborn Rd Unit 201, Phoenix, AZ 85014
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