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M$1
December 16, 2008 11:18 PM
How do I get out of Jury Duty?
Basically, how can I realistically answer the questions so as to get out of duty yet not be held in contempt?
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Best Answer Chosen by Asker
| December 16, 2008 11:43 PM |
So if the trial is a drunk driving trial and you were once in an accident with a drunk driver or your life has been affected in anyway by a drunk drivers or alcoholism be sure to mention that.
If you are asked if you can be fair and impartial in the matter find a legit way to say no or to claim to be unsure.
If you have background that is not good for one side or the other make sure it shows. Lawyers have a high degree of latitude in dumping jurors. You just need to convince them you do not serve their purpose while telling the truth.
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Other Answers (13)
December 16, 2008 11:28 PM
Exceptions vary state by state in the United States so there is no set way to avoid jury duty. With that said, all you are obligated to do is appear in court. If you present a reason why you should not get picked, you're likely to be released from your obligation.
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December 16, 2008 11:31 PM
You can usually postpone for at least 3 months if this is a bad time for you. Also, if you are the sole person responsible for the care of a dependent child or elderly person, you can usually get excused. If you do have to go into the courtroom for jury selection, there are still some things you can do.
Judges have gotten wise to the tricks that people usually use to try to get out of jury duty, however, and doing something foolish like going up there and telling the judge you are a racist, may get you held in contempt of court or put on a trial anyway.
Something that will still work, however, is talking about jury nullification. It's a word that scares lawyers big time. Basically, you will be asked if you think that you can try a case using only the things you hear in that courtroom and the instructions that the judge gives you. All that you have to say is that you believe in jury nullification, when a jury returns a verdict of not guilty even though they think the defendant did commit the crime, because they do not agree with the fairness of the law the person is accused of breaking. The right of juries to nullification was upheld in the 1895 Supreme Court Case United States v. Sparf. However, jury instructions, judges, and lawyers do not inform juries of this right, because it would create bedlam in the court room. So, you just let them know that you believe in the process of jury nullification, and any lawyer worth his salt will excuse you from the jury and send you home.
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December 16, 2008 11:32 PM
If you can prove that others depend upon your availability during the day/night, and that there are no viable alternatives, there is a good chance that you will be excused Jury Duty. e.g. You have children or other dependants, who cannot be covered by others (school run, what if they're ill, after school actvities etc). Another option is to prove that you are a key person and indispensible to your company; the business has no internal cover for you, and an expense would be incurred bringing cover in from outside. If you are the business owner the all the better. Either of these would require written proof from your employer, or a witnessed statement if you are the owner.
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December 16, 2008 11:36 PM
I have gotten out of jury duty the last 3 times I was called using the following. First I show up, and register that I am there. Then I go to the person in charge, In Texas it is always a judge. I tell then I am self employed, or a sales person. I tell them that if I do not work I do not make any money. I ask them if they would hold my name out of the pool until the end. That I don't mind serving , but I would would rather go work if they don't need me. I get out every time. I think the reason this works is that most of the people there do not ask to get out, and more people than needed always show up.
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Experience
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