Jury duty for parents and caregivers: excuses, postponements and what to say

A jury summons can land at the worst possible time: a newborn at home, no childcare for a toddler, or a parent who can't be left alone. Courts know this. Federal courts and most states have a way to excuse or postpone people whose absence would leave a child or dependent adult without care. The rules are more specific than many people expect, though, and you usually have to ask. This guide explains what the rules say and how to make the request.

The short answer

• Caregiving isn't an automatic exemption in most places. You generally have to request an excuse or postponement, usually by the deadline on the summons.
• Many federal districts excuse caregivers on request if a young child's or dependent adult's health or safety would be at risk while you serve.
• Some states have specific caregiver rules, often tied to the child's age or whether you work outside the home.
• Everywhere, a postponement is the easiest option if you can serve later, for example once a baby is older or a backup caregiver is available.

Federal courts

Federal law lets each district court write a jury selection plan. Under 28 U.S.C. § 1863(b)(5), the plan can list groups whose members "shall, on individual request therefor, be excused" because jury service would cause them undue hardship or extreme inconvenience.

Many districts use the same wording for caregivers. The Eastern District of New York's plan, for example, excuses on request:

Persons having active care and custody of a child or children under 10 years of age whose health and/or safety would be jeopardized by their absence for jury service; or a person who is essential to the care of aged or infirm persons.

The District of South Carolina, the Northern District of Ohio, the Middle District of Alabama and the Western District of Louisiana use the same or nearly identical language. Two things matter in that wording:

1. The child must be under 10, and you must have active care and custody.
2. Their health or safety must be at risk without you. If another adult at home could care for the child, the excuse may not apply.

The second half covers adult caregiving: a person "essential to the care of aged or infirm persons." That can include caring for a spouse with a serious illness, a parent with dementia, or an adult child with a disability.

Not every district uses this exact language, so check the jury plan or excuse page for the district that summoned you. It's usually linked from the court's juror information page.

Even outside the listed groups, any federal court can excuse a juror under 28 U.S.C. § 1866(c) for "undue hardship or extreme inconvenience." The definition in § 1869(j) includes "grave illness in the family or any other emergency which outweighs in immediacy and urgency the obligation to serve."

State courts

Most jury summonses come from state courts, and state rules vary. Florida is a good example of a state with a specific rule. Section 40.013(4) of the Florida Statutes says any expectant mother, and any parent who is not employed full time and has custody of a child under 6, "upon request, shall be excused from jury service." Florida also allows excuses on a showing of hardship, extreme inconvenience or public necessity, and people 70 or older may be excused on request.

Other states handle caregiving differently:

• some list caregivers of young children or dependent adults as excused or exempt on request;
• some fold caregiving into a general hardship standard decided by the judge or jury office;
• some offer postponement but rarely full excuse.

Look up your state on our state jury duty page, which links to each state's official juror portal and rules. Our guide to who is exempt from jury duty explains the difference between disqualifications, exemptions and excuses.

Breastfeeding parents

Many states have laws that let breastfeeding parents postpone jury service or be excused from it. The details, including whether you need a note from a doctor and how long the postponement lasts, vary by state. If this applies to you, look for it on your state court's juror page or summons instructions, or call the jury office.

Postpone or excuse?

Ask for a postponement if the problem is temporary. A baby will be older, a spouse will be back from deployment, or you can line up care with enough notice. Most courts grant a first postponement readily when it's requested on time, and many let you pick a new date. Our guide to how to postpone jury duty covers the process, and the postponement letter builder drafts a request.

Ask for an excuse if the problem won't go away in a few months. You're the full-time caregiver for someone who can't be left alone, or you have young children and no realistic alternative care. Some courts grant an excuse for a set period (often a year or two), after which you may be summoned again.

How to make the request

1. Read the summons right away. Note the deadline and the method: online portal, mail, or phone.
2. Use the court's form if it has one. Many online portals have a checkbox or category for childcare or caregiving.
3. Be specific and brief. Say who you care for, their age or condition, why no one else can provide care during court hours, and what would happen if you served.
4. Mention the rule if you know it. For example: "I have active care and custody of a child under 10 whose safety would be jeopardized by my absence, which your jury plan lists as an excuse on request."
5. Attach documentation if asked. Courts sometimes ask for a doctor's letter for an ill dependent, or proof of a child's age. Don't send medical records unless requested.
6. Keep a copy of what you sent and any confirmation.

Sample wording

I am requesting to be excused from jury service. I am the sole caregiver for my two children, ages 2 and 5. My spouse works out of state during the week, and I do not have access to childcare during court hours. My children's safety would be at risk if I were absent. If an excuse is not possible, I request a postponement of at least six months.

Adjust it to your situation. Don't overstate. Judges and jury staff read many of these, and a short, accurate explanation works best.

If the court says no

• Ask for a postponement instead, to a time when you can arrange care.
• Raise it again at the courthouse. During jury selection, the judge typically asks whether serving would cause anyone a hardship. You can explain there.
• Ask about childcare help. A few courthouses have on-site children's waiting rooms or partner with local providers. Ask the jury office.
• Don't simply skip it. Ignoring a summons can lead to an order to appear or fines. Our guide to missed jury duty summons explains what happens.

Childcare costs and juror pay

Juror pay rarely covers childcare. Federal jurors get $50 a day, and most state courts pay less. Few courts reimburse childcare expenses directly, but some do, so ask. Our juror pay calculator shows what your state pays, and our guide to jury duty and your job covers whether your employer has to pay you.

Key points

• Caregiving usually counts, but you must ask, on time.
• Many federal districts excuse caregivers of children under 10 or of aged or infirm people on request, when the dependent's health or safety would be at risk.
• Some states, like Florida, have their own rules tied to a child's age and your work status.
• A postponement is the easiest option for temporary problems.
• Be specific, be honest, and keep copies.

This guide is general information, not legal advice. The court that sent your summons decides every request.