Mani Ellis & Layne Accident & Injury Lawyers | July 31, 2024 | Ohio Law

Is It Possible To Get Out of Jury Duty?

The prospect of jury duty can be daunting. With busy schedules and personal commitments, the idea of spending days or even weeks in a courtroom might seem like a burden. Fortunately, there are acceptable reasons for being excused or requesting a postponement from jury duty in Ohio.

While it’s tempting to seek ways to avoid this civic duty, it’s essential to understand the critical role juries play in our justice system.

A Jury Trial Is a Constitutional Right in Some Cases

The right to a jury trial is guaranteed in many types of cases by the Sixth and Seventh Amendments to the U.S. Constitution, indicating its importance. 

The Sixth Amendment guarantees all criminal defendants a jury trial, with a few exceptions for cases that are considered “petty.” The Seventh Amendment offers the right to a jury trial in certain federal civil cases. Most states have their own statutes providing a similar right to a jury trial in state-level civil cases. 

If enough people summoned for jury duty try to avoid service, even for legitimate reasons, the courts will find it difficult to seat an impartial jury, which is the right guaranteed to criminal defendants and civil parties who want a jury trial. The smaller the jury pool, the less the chance of finding an impartial jury with a diverse group of citizens. It also means that those who really need to get out of jury duty at a particular time are less likely to be excused.

Legitimate Excuses To Get Out of Jury Duty in Ohio

There are certainly reasons to need to get out of jury duty at any particular time. Maybe you are a single parent, your children are out of school, and you can’t afford to pay for childcare for even a couple of days, let alone weeks, if that’s how long the trial takes. 

Perhaps you’ve had surgery for chronic back pain scheduled for months, and you are summoned for jury duty for a week. Or, it may even be an unforeseen situation, such as a child who becomes ill the night before you are supposed to report to the court.

These are all legitimate reasons for an excuse or postponement, but the court still has to approve your absence, usually under a standard known as “undue hardship.” In Ohio, these reasons are governed under Ohio Revised Code Section 2313.14 and Section 2313.15.

There are several examples of reasons a court will consider for excusing you from jury duty, such as:

  • The juror’s spouse or a near relative (or a near relative of the juror’s spouse) has recently died or is dangerously ill.
  • The prospective juror has a mental or physical condition that causes them to be incapable of performing jury service.
  • Jury service would cause undue or extreme financial or physical hardship to the prospective juror or a person under their care or supervision.
  • The juror is over 75 years of age and requests to be excused.
  • Religious reasons, such as the prospective juror being a cloistered member of a religious organization or an active member of a recognized Amish sect
  • The prospective juror is on active duty pursuant to an order of the government. 
  • The juror’s attendance will materially injure the interests of the public.

Obviously, several of these reasons seem to be subjective. For example, who is considered to be a “near relative”? What is “undue hardship”? Some can be backed up with a medical opinion from a doctor. It is up to the individual court to determine whether the prospective juror’s reasons are suitable to be excused from jury service.

Even if you don’t qualify for one of these exemptions, you may request for your jury service to be postponed. You must contact the court to seek a postponement. 

Just as the jury system is critical to the efficient operation of the legal system, so is the representation of parties seeking justice by competent and qualified attorneys. Whether you have a jury trial or not, choosing the right law firm can be the key to success in your personal injury case.

Contact the personal injury Law Firm of Mani Ellis & Layne Accident & Injury Lawyers for Help Today

For more information, please contact an experienced lawyer at Mani Ellis & Layne Accident & Injury Lawyers to schedule a free initial consultation today. We have convenient locations in Columbus, OH, and Charleston, WV.

Mani Ellis & Layne Accident & Injury Lawyers – Columbus, OH Office
20 E Broad St Suite 1000, Columbus, OH 43215
(614) 587-8423

Mani Ellis & Layne Accident & Injury Lawyers – Charleston, WV Office
10 Hale St Suite 501, Charleston, WV 25301
(304) 720-1000