Jury duty does not automatically excuse you from work for the entire day, but the court controls your schedule, not your employer

When you report for jury duty, you are under the court's direction from the moment you arrive. The court decides when you sit in the jury box, when you break, and when you leave — typically between 9 a.m. and 5 p.m., though some courts run shorter hours. You cannot leave early to get back to work, and you cannot negotiate your schedule with the judge. Your employer must let you go when summoned, but the actual time away varies widely: you might spend a full day in jury selection and never be seated, or you might be dismissed by noon after the case settles.

The length of jury duty depends on the type of case. A civil case (someone suing for money) often wraps in a day or two. A criminal case can run days or weeks. A felony trial might last a month or longer. You will not know the length when you arrive — the judge and lawyers do not always know either until the trial begins.

Key Takeaways

  • You must report when summoned and stay for the full court day unless the judge dismisses you, even if that means missing work.
  • Your employer cannot fire you, dock your pay, or threaten you for serving jury duty, though some employers pay you and some do not.
  • The court does not tell you in advance how long you will serve — it could be one day, one week, or longer depending on the case.
  • If jury duty creates genuine hardship (you are the sole caregiver, your business will fail, you have a medical emergency), you can ask the judge to postpone or excuse you before your trial date.
  • The court pays a small per-diem amount, usually $15 to $50 per day, which does not cover lost wages.

What happens on your first day of jury duty

You arrive at the courthouse at the time listed on your summons, usually 8:30 or 9 a.m. The court clerk checks you in and explains the process. You sit in a waiting area with other jurors until you are called into a courtroom for jury selection, called voir dire. This is when the judge and lawyers ask you questions to decide if you are impartial.

Jury selection can take anywhere from one hour to an entire day. If you are not chosen, you are dismissed and can leave — sometimes by mid-morning. If you are chosen, you are sworn in and the trial begins. The court then sets your schedule: you will report each day the trial runs, at the time the judge sets. You cannot negotiate this time or leave early.

If the case settles (the two sides reach an agreement) before trial starts or during trial, you are dismissed when ready. This happens often and is why many jurors serve only one day.

How long a trial actually lasts

Civil cases (disputes between two private parties, or between a person and a business) typically last one to five days. Small claims cases are often decided in a single day. Contract disputes or personal injury cases might run two to three days. Complex civil cases can stretch to two weeks or longer.

Criminal cases vary much more. A misdemeanor trial (shoplifting, straightforward assault, minor drug charge) usually takes one to three days. A felony trial (robbery, assault with injury, drug trafficking) often takes one to four weeks. Murder trials and white-collar crime trials can run for months. The court does not know the exact length when you are sworn in — it depends on how many witnesses testify and how long cross-examination takes.

You are required to stay for the entire trial, including jury deliberations. Deliberations can last hours or days. You cannot leave the jury room until the jury reaches a verdict or the judge declares a mistrial.

Your employer's obligations when you serve

Federal law and most state laws prohibit your employer from firing you, threatening you, or punishing you for serving jury duty. This protection covers the time you are summoned, the time you serve, and the time you spend in jury selection. Your employer cannot dock your pay, reduce your hours, or pass you over for a promotion because you served.

However, the law does not require your employer to pay you during jury duty. Some employers pay your full salary, some pay part of it, and some pay nothing. Check your employee handbook or ask your HR department what your company's policy is. If your employer does not pay you, the court will pay you a small per-diem amount — usually $15 to $50 per day, depending on your state and the length of service. This rarely covers your lost wages.

If your employer retaliates against you after you serve (fires you, cuts your hours, or demotes you), you can file a complaint with your state labor board or consult an employment attorney. Retaliation is illegal, and you may have a claim for damages.

When you can ask to be excused or postponed

If jury duty creates a genuine hardship, you can ask the court to postpone your service to a later date or to excuse you entirely. The court does not have to grant your request, but judges often do if the hardship is real and documented. Common reasons the court accepts include: you are the sole caregiver for a child or elderly parent and have no backup, your business will suffer severe financial loss, you have a medical condition that makes sitting in court unsafe, or you have a pre-planned trip that cannot be rescheduled.

You must request postponement or excuse before your trial date, usually by calling the court clerk or returning a form that came with your summons. Do not straightforward fail to show up — that is contempt of court and can result in a fine or jail time. If you request postponement, the court will assign you a new date, usually weeks or months later. If you request excuse, you may not be called again for several years, depending on your state.

Once you are seated as a juror in a trial, it is much harder to be excused. The judge can excuse you for medical emergency or extreme hardship, but you must tell the judge in open court, and the decision is up to them.

What to tell your employer before you go

Give your employer a copy of your jury summons as soon as you receive it. This shows them the court date and the courthouse address. Tell them you are required by law to report and that you do not know how long you will serve. If your employer has a policy about jury duty pay, confirm it with HR before you go.

If you are selected for a trial that will last more than a few days, call your employer at the end of each day and tell them whether you will be back the next day. This helps them plan coverage. If the trial is expected to last weeks, ask your employer if you can take unpaid leave or if they have a jury duty policy that covers extended service.

Do not ask the judge to excuse you so you can go back to work unless your job is truly at risk (you are self-employed with no staff, or your employer has threatened to fire you). Courts take jury duty seriously and do not excuse people straightforward because work is inconvenient.

The court's payment and your tax situation

The court pays jurors a per-diem amount, which varies by state and court. Federal courts typically pay $50 per day after the first day of service. State courts pay anywhere from $15 to $50 per day, depending on the state and the length of service. Some courts pay more after the first week. You receive a check or direct deposit after your service ends.

Jury duty pay is taxable income. The court will not send you a tax form (1099) unless you are paid more than $600 in a calendar year, which is rare. However, you are still required to report it on your tax return. If you are self-employed or a contractor, keep records of the dates you served and the amount paid so you can report it accurately.

Frequently Asked Questions

Can I leave jury duty early if my boss says I have to come back to work?

No. Once you are sworn in as a juror, you must stay for the entire trial and deliberations. Your employer cannot override the court's authority. If your employer threatens to fire you for staying, that is illegal retaliation. If your employer truly cannot function without you, you can ask the judge to excuse you before the trial starts, but not after you are seated.

What if I am self-employed and jury duty will cost me money?

You can ask the judge to postpone your service to a slower time of year, or to excuse you if the hardship is severe. Bring documentation: a letter from your accountant, your business tax returns, or evidence that you have no employees to cover for you. The judge may grant postponement but is less likely to excuse you entirely. The court's per-diem payment will not cover your lost income.

Do I have to tell my employer I was summoned?

You do not have to tell them until you know you are actually going to serve. However, it is smart to show them the summons when you receive it so they can plan. If you are selected for a trial, tell them when ready so they know you will be away for multiple days.

What happens if I ignore my jury summons?

If you do not show up without a valid excuse, the court can find you in contempt. This can result in a fine (usually $100 to $1,000, depending on your state) or jail time (usually a few days). The court may also issue a second summons. Ignoring it a second time increases the penalty. If you cannot serve, contact the court and ask to postpone or be excused — do not straightforward skip it.

Can my employer ask me to work while I am on jury duty?

No. Once you are summoned, you are under the court's control during court hours. You cannot work, take client calls, or handle business matters while you are in the courthouse or jury room. If you are dismissed early (before 5 p.m.), you can return to work for the remainder of the day, but that is your employer's decision, not yours.