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Jurors who fail to appear may face fines or even prison time. Many people may be unable or unwilling to serve due to work or family responsibilities, but missing jury duty is against the law. Courts may issue letters, orders to prove cause, or warrants for arrest. Some courts allow deferral and have automated phone systems to check if jurors are needed. Limits may be set on how often an individual can be called to serve.
Penalties for failure to commission the jury vary by jurisdiction. In some cases, prospective jurors who fail to meet their obligations may be required to appear before a judge to explain themselves, and may face fines or even prison time for refusing to serve. Most jurisdictions make provisions for prospective jurors for whom serving would be a hardship, but to avoid penalties, these prospective jurors must disclose their situation to the appropriate court officials.
In countries where juries regularly decide criminal and civil cases, the responsibility of serving on a jury falls on average citizens who are likely to have important work, community and family responsibilities. In many cases, a summons to jury duty is issued on a haphazard basis with little consideration for the prospective juror’s schedule. Because of this, many people who receive a subpoena may be unable or unwilling to appear in court. No matter how legitimate their reasons for missing jury duty, in most places doing so is against the law.
Once a person misses jury service, the court that summoned the person may take one or more different actions. The prospective juror may receive a letter in the mail explaining that he has missed his commission and that he is to serve on a different date. If a prospective juror repeatedly ignores a jury summons, a judge can issue an order to prove cause, which requires the prospective juror to come to court and tell the judge why he ignored all subpoenas. In cases where a prospective juror persists in not appearing or fails to respond to a judge’s order to appear in court, a warrant for his arrest may be issued. While rare in the United States, recalcitrant jurors have sometimes been sentenced to prison if they continue to try to evade their obligation to take an oath.
Many court systems recognize that not appearing for jury duty is often a matter of scheduling and allow prospective jurors to defer their duties if necessary. In some cases, courts have automated phone systems that allow jurors to call the night before they are scheduled to report for jury service to find out if they are actually needed. Some jurisdictions also set limits on how often an individual may be called to service, in some cases limiting individuals to only one trial every two years.
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