FAQs About Jury Service
In the Magistrates Courts
Q: I don't want to serve jury duty. What do I do?
Unless you are disqualified or exempted from service as a juror, or have already been excused from service by
the Magistrate, you are required to appear in court at the day and time specified
on the jury summons. Failure to appear may result in a citation for contempt of court, and a bench
warrant may be issued against you. Persons seeking to be excused should contact the court within two days
of receiving their summons. If you do not contact the court within two days, or should the clerk
be unable to excuse you, you are required to appear on the first day of the jury term
and request the judge to excuse you. Only the Magistrate of the court can excuse you from jury duty, and your
request may be denied or approved at his/her discretion.
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Q: Who is disqualified from jury service?
You may be disqualified from jury service (not allowed to serve) if:
- Have been convicted in a state or federal court of a crime punishable by more than one year of imprisonment and
your civil rights have not been restored.
- You are unable to read, write, speak or understand the English language to a degree sufficient to allow you
to act as a juror.
- If you have less than a 6th grade (or equivalent) education.
- If you are unable to render efficient jury service due to severe mental or physical infirmity.
Failure to state such disqualifying facts upon questioning by the magistrate or hearing officer is punishable as contempt of court. Likewise,
furnishing false or misleading information may also subject you to penalties for contempt of court.
Further,no clerk or deputy clerk of court, constable, sheriff, probate judge, county commissioner, magistrate, county officer
or any person employed within the walls of any courthouse is eligible to serve as a juror.
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Q: Who may be exempted from jury service?
You may choose to serve, or not to serve if you are over sixty-five years old, or if you were
inadvertently summoned after having served within the past three calendar months as a Magistrate's Court juror.
If you meet any of the above-listed criteria for exemption and do not wish to serve, you should contact
the court and it will not be necessary for you to appear on the date specified on the summons.
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Q: Who may be excused from jury service?
You may ask the magistrate to excuse you from jury service if you can show good
and sufficient reason why you should not have to serve. Typical reasons might include temporary or permanent physical disability, or women with children under the age of seven without means of
providing adequate care while performing jury duty. Before you can be excused for one of these reasons, you
may be asked to furnish an affidavit.
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Q: My boss doesn't like me to be off work. Can I be excused from jury duty?
Persons seeking to be excused for any reason should speak with the presiding Judge. Typically, you will
not be excused for work-related reasons. It is against the law for an employer to penalize you for performing
jury service or to prevent you from serving as a juror. If you are currently involved in an important project, going out
of town on business or having to work extra hours, you may be able to reschedule your jury service to a more convienient date.
You should contact the court in which you were summoned to appear if you
wish to reschedule your jury service for another term of court.
Upon receiving your check for jury compensation, you will be furnished with a letter from the Clerk of Court indicating
the amount you are being paid, the number of days you served as a juror and the dates on which you served. This letter
may be given to your employer as proof of your service as a juror.
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Q: Will I be paid for serving as a juror? What about mileage and parking?
You will be compensated for your service as a juror at a rate of $10 per day. Magistrates' Courts
do not provide a mileage reimbursement, as jurors are only summoned for service in the Magistrate's courts nearest their
home. Free parking is furnished at all Magistrate's court locations. A check will be issued to you, compensating you
for your service as a juror. These checks are mailed to your home address.
Q: Will I be paid even if I'm not picked to be on a trial jury?
No, you will only be paid if you are chosen to be a juror in a trial.
Q: What do I do about meals? Is lunch provided?
Generally, drinks and snacks are provided. Depending on the length of the trial, lunch
of dinner may be provided.
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Q: How long do I have to serve?
Except in unusual circumstances, jurors in Magistrate's Courts are required to serve only one day.
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Q: What's the difference in serving on a Magistrate's Court jury and a Common Pleas or General Sessions jury?
Because of the different nature of these courts, jury service in Magistrate's courts generally lasts only one day, as compared
to several days or a week in the Circuit courts. Jurors in Magistrate's court hear criminal misdemeanor, traffic, small claims
or minor civil disputes, and the juries are comprised of six members, as opposed to twelve-member panels in
the Circuit Courts.
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Q: How should I dress?
It isn't necessary for you to "dress up" for court. However, the Judiciary does require appropriate attire in the courtroom; specifically no tank tops, shorts, hats or "flip-flop"
sandals are allowed.
Q: What can I bring with me to the court?
You aren't required to bring anything with you, although you may wish to bring a book or magazine to read
during any delays or waiting periods. Because of the need for quiet, you should not bring items such as computer games.
Also, you may not bring cellular phones or pagers into the courtroom.
When you arrive at the court, you may be required to pass through a metal detector. This metal detector is provided
for the security of yourself and others. The guards on duty are required to confiscate such contraband items as
guns, knives, mace, or other implements which could be used as weapons or are considered a danger to the court. If you own such items,
you should leave them at home.
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Q: Is there any special "courtroom etiquette" I should be aware of?
There are certain rules of behavior that a juror should follow. Formost among these is
the requirement to always be on time. Delays inconvenience the judge, the attorney's, the parties, witnesses and other jurors.
When a court session begins and the judge enters the courtroom, everyone including the jurors, should rise. You should always
give your undivided attention to every question and answer during a trial, and during the voir dire process. You must answer
all questions put to you with complete honesty. You should attempt to be as quiet as possible in court, and also when you are
in the corridors near the courtrooms.
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Q: What does the term "voir dire" mean?
The phrase"Voir Dire" literally means "to speak the truth". In court, it
refers to a process of determining whether a juror can serve fairly and impartially in a given case by
asking the juror various questions. These questions are designed to let the court learn whether a juror
has prior knowledge of the case, is related to or employed by one of the parties in the case, and whether the juror
has prejudices and opinions which would make it impossible for him/her to make an impartial decision in the case.
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Q: Will I definitely sit in on a trial when I perform jury duty?
Not necessarily. There are many factors involved in selecting a jury for a case, and it may be that you
will not be picked for the jury trial. Jurors who are not selected for the jury trial are generally excused and may
leave the court.
When you check in with the court at roll call on the first day, you become part of a general jury pool. Depending on the case, up to fifty or sixty prospective jurors may be called at random
into the courtroom for the beginning of the jury selection process. Your job begins when a jury clerk or bailiff calls upon you and
your fellow jury pool members to enter a courtroom where a trial is about to begin.
The selection of jurors is the first step in the actual trial of a jury case and the first step of this selection process is
called "voir dire" (a full definition of "voir dire" is given above). The judge will first explain
what the case is about in general terms, and state the names of the parties
involved, and their attorneys. The judge may then begin questioning the jurors. Some questions will be directed to all the jurors
present, and others may be directed to individual jurors. If a prospective juror
is not found to be legally qualified to act as a juror, s/he may be excused "for cause", by either the judge or
one of the attorneys.
After the conclusion of voir dire, the attorneys have the right to excersize a certain number of "peremptory challenges". This means that the attorney may excuse a juror without having to state a specific
reason. Jurors who are challenged and thereby "stricken" should not be offended, as each attorney has a different idea as to the
type of juror that would be most beneficial to the trial of the case. In Magistrate's court, each side is
allowed six "strikes". Jury selection is concluded when six members are chosen for the panel, and the jury is sworn in.
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