Federal vs. state jury duty: what's the difference?
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How to tell which court summoned you, and how pay, exemptions, length of service, and employer rules differ between federal and state jury duty.
The U.S. has two court systems side by side. The federal handbook for trial jurors puts it simply: there are the courts of the 50 states and the District of Columbia, and the courts of the federal government. Both use juries, both send summonses, and the rules that apply to you depend on which one sent yours.
How to tell
Read the name of the court on the summons.
- Federal: "United States District Court for the [District] of [State]." There are 94 federal district courts.
- State: names such as superior court, circuit court, district court, court of common pleas, or county court, used alongside your state's name.
Pay
Federal jurors are paid $50 a day under 28 U.S.C. § 1871. Trial jurors may get up to $60 after 10 days, and grand jurors up to $60 after 45 days, plus travel reimbursement. State pay is set by state law and varies widely. Use our pay calculator for either.
Who qualifies and who's exempt
Federal qualifications and exemptions come from the Jury Selection and Service Act. For example, active-duty military, professional firefighters and police, and full-time public officers are exempt from federal service. States set their own lists. See who is exempt from jury duty.
Where names come from
The U.S. Courts explain that federal jurors are drawn randomly from a "jury wheel" of district residents, with each county represented in proportion to its number of registered voters. States often combine voter lists with driver's license and state ID records.
Length of service
Federal trial (petit) jurors hear a maximum of one case and are then discharged, according to the U.S. Courts. Federal grand jurors generally serve up to 18 months, extendable to 24, but meet only on scheduled days. State practice varies. Some states use a one-day-or-one-trial system, and others summon jurors for a term of weeks or months. Virginia's juror guide, for example, notes terms of up to four months depending on where you live. See how long jury duty lasts.
Employer protections
For federal service, 28 U.S.C. § 1875 bars employers from firing, intimidating, or coercing permanent employees because of jury service. For state service, state law applies. See jury duty and your job.
Responding
For a federal summons, the U.S. Courts direct you to the website of the district court that selected you, to complete the qualification questionnaire through its eJuror system. For a state summons, follow the instructions on the summons or go to your state's official jury page.
Can you be summoned by both?
Yes. The systems are separate, so serving in one doesn't automatically excuse you from the other. Some federal districts allow people who recently served on a federal jury to request an excuse, and some states have similar rules about recent state service. If you've served recently, mention it when you respond.
Side by side: what changes between the two systems
The practical differences show up in four places: who sends the summons, what you're paid, how long you serve, and what happens if you ignore it.
| Federal (U.S. District Court) | State (county or circuit court) | |
|---|---|---|
| Who summons you | The clerk of the U.S. District Court for your district | Your county's superior, circuit, district or common pleas court |
| Typical cases | Federal crimes, federal civil claims, and lawsuits between citizens of different states | Most criminal cases, family-adjacent civil disputes, car accidents, contracts, local matters |
| Daily pay | $50 a day, set by federal law | Set by each state, often much less |
| Failure to appear | Up to $1,000, up to 3 days in jail, community service, or a combination (28 U.S.C. § 1866(g)) | Contempt of court and penalties under state law |
Pay is the biggest surprise
Federal petit jurors are paid $50 a day and can receive up to $60 a day after 10 days of service if the presiding judge orders it, plus reasonable transportation costs and, in some courts, parking. Federal government employees receive their regular salary instead.
State pay is set by each legislature and varies widely. Two examples, checked against the statutes:
- California pays $15 a day starting with the second day, plus mileage at 34 cents a mile for each mile traveled to and from court after the first day (Code of Civil Procedure § 215).
- Florida pays nothing for the first 3 days to jurors whose employer keeps paying their regular wages. Jurors who aren't regularly employed, or who don't keep getting wages, receive $15 a day for those first 3 days. Everyone receives $30 a day from the fourth day on (Florida Statutes § 40.24).
Use our juror pay calculator to estimate what you'll receive in your state.
Qualifications look similar, with one notable difference
Both systems generally require you to be a U.S. citizen, at least 18, a resident of the area the court serves, and able to understand English, and both disqualify people with certain felony records. The federal residency rule is specific: you must have lived primarily in the judicial district for at least one year. Federal courts also bar three groups from serving: active-duty military, professional (paid) police and fire department members, and full-time public officers. Many states have no comparable automatic exemptions, so a police officer can be excused from federal service and still be called by the county.
Practical tips when you're not sure which court it is
- Read the letterhead and return address. Federal summonses come from the "United States District Court" for a named district.
- Look at the website on the summons. Federal courts use addresses ending in uscourts.gov. State courts use a state or county domain.
- Call the number printed on the summons, not one from a text or email. Scammers impersonate both kinds of court.
- Keep both summonses if you get two. Answer each one on its own and tell each jury office about the other. Courts can often reschedule one so they don't overlap.
Frequently asked questions
If I served on a state jury last year, do I have to serve on a federal one? Usually yes. Prior state service doesn't automatically exempt you from federal service. Many federal districts do, however, excuse people on request who have served on a federal jury within the past two years.
Is federal jury duty harder? Not necessarily. Federal trial jurors hear only one case, but federal trials can run longer than routine state trials. The daily experience (check-in, waiting, voir dire, trial) is much the same.
Free template · PDF
Jury Duty Employer Letter Template
Fill-in-the-blank letters for telling your employer about jury duty and for asking the court to postpone, plus a prep checklist.
- Letter to your employer (notice of jury service)
- Letter to the court asking for a postponement
- What to bring and what to ask the clerk
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Sources
- U.S. Courts, Jury Service
- U.S. Courts, Juror Pay
- U.S. Courts, Types of Juries
- Handbook for Trial Jurors Serving in the United States District Courts (PDF)
- California Code of Civil Procedure § 215
- Florida Statutes § 40.24, Compensation and reimbursement policy
- U.S. Courts, Juror Qualifications, Exemptions and Excuses