Jury duty is a civic responsibility to ensure that the judicial system operates fairly and justly by allowing citizens to participate in the legal process, evaluate evidence, and make impartial decisions on the guilt or innocence of individuals on trial (if it’s a criminal trial) or on the outcome of a dispute (if it’s a civil trial). However, for many, the prospect of serving on a jury can be daunting or disruptive to daily life, and they will try to find ways to get out of it.
In Texas, there are a few legitimate reasons that can excuse you from jury duty—and there are also some things you can say or do that will likely get you dismissed from the jury pool. In this article, we will discuss the various ways to get out of jury duty in Texas because the reality is that if you really don’t want to be on the jury, then you aren’t going to make a good juror anyway.
Before we dive in, please take a moment to watch this video by Board Certified Criminal Defense Attorney Benson Varghese.
Understanding Jury Duty in Texas
Before we discuss how to get out of jury duty in Texas, let’s first understand what it entails. Jury duty in Texas is a civic responsibility where citizens are called upon to serve as jurors in trials. Here are the key aspects of jury duty in Texas:
- Selection process: Potential jurors are randomly selected from voter registration lists and driver’s license records.
- Eligibility: To serve as a juror in Texas, you must be at least 18 years old, a U.S. citizen, a resident of the county where you’re summoned, qualified to vote in that county, and not a convicted felon.
- Duration: Jury duty typically lasts about one week, although most jurors complete their service in a day or a fraction of a day.
- Civic importance: Jury service is considered both a duty and a privilege, as it helps protect the constitutional right to an impartial jury and keeps the administration of justice aligned with community standards.
- Exemptions: While not required, individuals may choose to be excused from jury duty if they are over 75 years old, have legal custody of a child under 12 without adequate supervision, or are full-time students.
- Hardship excuses: The judge may hear and consider reasonable excuses for personal hardships, though economic reasons generally require approval from all parties involved.
- Payment: Jurors are typically paid for their service. For example, in some counties, jurors receive $7.50 for the first day and $40 for each additional day of service. In Tarrant County, jurors are reimbursed $20 for the first day of jury service and $58 per day thereafter.
- Reporting: When summoned, jurors must report to the designated courthouse or jury assembly room as instructed in their summons.
- Legal obligation: Failure to comply with a jury summons can result in fines ranging from $100 to $1000.
- Attire: Casual clothing or work uniforms are generally acceptable for jury duty.

Types of Jury Trials in Texas
In Texas, jurors may serve on criminal or civil trials across various courts, each with its specific jurisdiction and types of cases. Here are the primary kinds of trials where jurors may be called to serve:
Criminal Trials
- Definition: These involve cases where a person (the defendant) is accused of committing a crime.
- Process: The state, represented by the district or county attorney, must prove the defendant’s guilt “beyond a reasonable doubt.” Jurors must consider all evidence and determine the defendant’s guilt or innocence.
- Examples: Cases can range from misdemeanors to felonies, including theft, assault, and more serious crimes, such as sexual assault or murder.
Civil Trials
- Definition: These involve disputes between two or more parties, typically over money or property.
- Process: The jurors must evaluate the evidence and testimony to resolve questions of disputed facts. The answers to these questions form the verdict.
- Examples: Cases can include contract disputes, personal injury claims, family law matters, and property disputes.
Types of Courts
Jurors can be summoned to serve in any of the following courts, each handling specific types of cases:
- District Courts: Handle serious criminal cases, large civil cases, and family law matters.
- Constitutional County Courts: Deal with less severe criminal and civil cases.
- Statutory County Courts at Law: Handle a variety of civil and criminal cases, often with specialized jurisdiction.
- Statutory Probate Courts: Focus on matters related to wills, estates, and guardianships.
- Justice of the Peace Courts: Handle small claims, Class C (fine-only) criminal misdemeanors, and other minor civil matters.
- Municipal Courts: Oversee Class C misdemeanors and municipal ordinance violations.

Legal Grounds for Exemption from Jury Duty in Texas
Jury duty is a cornerstone of the American judicial system, ensuring that peers from the community participate in legal proceedings. However, not everyone is able to fulfill this civic responsibility. Texas law recognizes that certain circumstances can make serving on a jury challenging or impossible. Whether due to age, caregiving responsibilities, or other significant factors, several legal grounds exist for exemption from jury duty in Texas. Here are the most common reasons you might be excused:
- Age: If you are over 70 years old, you can request an exemption.
- Primary Caregiver: If you are the primary caregiver for a child under 12 or an invalid person and your absence would leave them without adequate supervision.
- Students: Full-time students enrolled in an accredited institution can be exempt.
- Active Military Duty: Members of the military on active duty and deployed away from their home county can be excused.
- Medical Conditions: If you have a physical or mental impairment that makes it impossible for you to serve, you can provide a doctor’s note for exemption.
Other Valid Excuses
While the above are statutory exemptions, other circumstances might also qualify you for excusal or deferral:
- Financial Hardship: If serving on a jury would cause significant financial hardship, you may be excused. Be prepared to provide documentation or evidence of your situation.
- Prior Jury Service: If you have served on a jury within the last two to three years, you may be eligible for exemption.
- Non-Residency: If you no longer reside in the county where you were summoned, you can be excused.
Steps to Request an Exemption
- Review Your Summons: Carefully read the instructions on your jury summons. It will outline the process for requesting an exemption or deferral.
- Submit a Written Request: Most counties require a written request for exemption. Include your reason and any supporting documentation.
- Attend Court if Required: In some cases, you may need to appear in court to explain your request in person.

How to Not Get Picked for a Jury in Texas
Serving on a jury is a civic duty many people are called to perform. However, there are circumstances where you might not want to be selected. If you are trying to avoid being picked for a jury in Texas, here are some strategies that might help:
1. Express Potential Bias
During jury selection, attorneys on both sides are looking for impartial jurors. You might be dismissed if you express any potential biases or preconceived notions. For instance, you could mention that you:
- Can’t Be Fair: Clearly state that you have a strong opinion about the case or the parties involved, making it difficult for you to remain impartial.
- Have Life Experience That Prevents You from Considering the Evidence Fairly: Explain that personal experiences, such as being a victim of a similar crime or having a close relationship with someone involved in the case, would hinder your ability to objectively evaluate the evidence.
2. Show Reluctance or Disinterest
While it’s important to be honest, showing a lack of enthusiasm for jury service might influence the attorneys’ decision. You could possibly get out of jury duty if you:
- Appear Uninterested: Displaying disinterest or reluctance to participate may suggest that you won’t be an attentive juror.
- State Inconvenience: Highlight any personal or professional reasons why serving on a jury would be a significant inconvenience for you.
3. Question the Legal System
If you question the fairness or effectiveness of the legal system, it might signal to the attorneys that you are not an ideal juror. You might get out of jury duty if:
- Express Doubts About the Legal System: Mention your skepticism about the justice system or law enforcement, which could suggest you might not follow the court’s instructions or be biased against one side.
4. Medical or Financial Hardship
You can be excused from jury duty for valid medical or financial hardships. You should:
- Present Medical Documentation: Provide evidence of a medical condition that makes it difficult for you to serve.
- Describe Financial Hardship: Explain how serving on a jury would cause significant financial strain, especially if you are self-employed or do not receive paid leave from your job.
5. Personal Beliefs
Certain personal beliefs might make you unsuitable for jury service. For example, if you:
- Oppose the Death Penalty: In capital cases, if you have strong beliefs against the death penalty, you may be dismissed.
- Have Strong Religious Beliefs: If your religious beliefs prevent you from sitting in judgment of others, you can express this to the court.
While serving on a jury is an important responsibility, there are legitimate reasons and strategies that might lead to your dismissal from jury duty. It’s essential to be honest and respectful when explaining your situation or expressing your concerns during the jury selection process.

The Process for Challenging a Juror in Texas
In Texas, “challenging a juror” means that an attorney requests the removal of a potential juror from serving on a jury for a particular trial. This process ensures that the jury is impartial and fair. Attorneys can use two primary types of challenges to dismiss a juror. Here’s an overview overview of the process:
Types of Challenges
- Challenges for Cause: These are used when there are statutory grounds to disqualify a juror, such as bias, interest, or medical impairment. Challenges for cause can be made during or after voir dire and must be based on statutes governing juror qualifications. Grounds for challenges for cause include bias, inability to follow the law, or any other statutory disqualification. There is no limit to the number of challenges for cause.
- Peremptory Challenges: These allow attorneys to dismiss a juror without providing a reason. The number of peremptory challenges varies by case type: up to 15 in death penalty cases, 10 in felony and non-death penalty capital cases, and fewer for misdemeanor offenses. However, peremptory challenges are limited by the Batson challenge, which prevents discriminatory use based on race, ethnicity, or gender.
Process
During voir dire, attorneys question potential jurors to identify biases or disqualifying factors. If grounds for a challenge for cause are found, the attorney presents this challenge to the judge, who decides whether to grant it. Peremptory challenges are typically exercised after challenges for cause.
Timing
Challenges must be made before the jury is sworn in. Some judges may specify when they will address for-cause challenges.
Hearing
When a challenge is made, the court promptly hears evidence and decides whether to sustain it.
Outcome
If a challenge to the array (the entire panel) is sustained, the court will summon new jurors.
By understanding and following this process, attorneys can work to ensure an impartial jury for their clients in Texas courts.

Consequences of Ignoring a Jury Summons
Even if you don’t want to be on a jury, ignoring a jury summons is not advisable. Failing to respond or appear can result in fines or other penalties. It’s always best to address your summons promptly and follow the legal procedures for requesting an exemption.
Some potential consequences of ignoring a jury summons include:
- Fines: In Texas, failure to appear for jury duty can result in a fine of up to $1,000. Under Texas law, specifically Section 62.0141 of the Government Code, the court can impose a fine ranging from $100 to $1,000 for failing to respond to a jury summons
- Contempt of Court: If you disregard a court summons or fail to show up for jury duty without valid reason, the court may hold you in contempt. This can lead to additional fines and even jail time.
- Warrant for Arrest: If you repeatedly ignore jury summonses, the judge may issue a warrant for your arrest. This could result in being taken into custody and brought before the court.

Jury Duty Requires Attention & Commitment
While jury duty is a crucial part of our justice system, Texas law recognizes that there are valid reasons why someone might be unable to serve. If you believe you qualify for an exemption, following the correct procedures and providing the necessary documentation is essential. If you want to get out of jury duty because it’s inconvenient or boring, then you probably won’t make a good juror anyway, as being a juror requires commitment, attention, and impartiality.
If you are selected, it is important to embrace the role with a sense of civic duty. However, if serving truly presents a hardship or significant inconvenience, be honest and forthright about your situation during the selection process. The court values transparency and will carefully consider valid reasons for exemptions.
Remember, participating in jury duty is a valuable opportunity to contribute to the justice system and ensure fair trials. Your role as a juror is vital to upholding the principles of justice and democracy.
At Varghese Summersett, we understand the challenges of jury duty and appreciate those who serve. We know this is a commitment you didn’t ask for, but your service helps ensure that justice is served in our community.
