Jury duty when you're self-employed, a freelancer or a gig worker

For an employee, jury duty is mostly a scheduling problem: many employers keep paying wages, and laws in most states protect the job. If you work for yourself, it's different. Nobody pays you while you sit in the jury room, clients don't wait, and the court's daily fee rarely covers what you'd have earned. The good news is that courts deal with this all the time, and there are real options. This guide explains what courts pay, how to ask for a postponement or excuse, and what to do about taxes.

What courts actually pay

Juror pay is set by law and is modest everywhere.

• Federal courts pay $50 a day. On a trial jury, the presiding judge can raise it to up to $60 a day after 10 days of service. Grand jurors can get up to $60 after 45 days. Federal jurors may also get reimbursed for reasonable travel costs and, in some courts, parking.
• California superior courts pay $15 a day for each day after the first day, plus 34 cents a mile for travel to and from court after the first day, under Code of Civil Procedure section 215. The first day is unpaid.
• Florida pays jurors who aren't regularly employed, or whose wages don't continue during service, $15 a day for the first three days. From the fourth day on, every juror gets $30 a day from the clerk. Florida's law states its policy is "to prevent financial hardship being imposed upon any juror."

Pay in other states ranges widely, and some states pay more after the first few days. Our juror pay calculator estimates what you'd receive in your state, and each state's official juror site is listed on our state jury duty page.

For most self-employed people, the gap between juror pay and normal earnings is the real issue. That gap is exactly what the hardship rules are for.

What counts as a hardship

Every court system allows people to be excused or deferred for hardship. Federal law, 28 U.S.C. § 1866(c), lets a court excuse a summoned juror "upon a showing of undue hardship or extreme inconvenience," for as long as the court finds necessary. The federal definition in § 1869(j) includes great distance from the courthouse, grave illness in the family, any other emergency that outweighs the obligation to serve, "or any other factor which the court determines to constitute an undue hardship."

Notice what that means: the court usually decides case by case. Being self-employed isn't an automatic excuse. But a concrete showing that serving would cause serious financial harm often leads to a postponement, and sometimes to an excuse.

Some federal districts go further. Under 28 U.S.C. § 1863(b)(5), each district's jury plan can list groups who will be excused on request. The District of South Carolina, for example, excuses on request "any person whose services are so essential to the operation of a business, commercial, or agricultural enterprise that the enterprise must close if such person were required to perform jury service," and the Northern District of Ohio's plan has nearly identical language. If you've been summoned to federal court, read that district's jury plan or excuse page. It's usually linked from the court's juror information page.

Courts tend to treat these differently:

• Inconvenience: "I'm busy" or "I'll lose some income." Usually not enough on its own.
• Real hardship: "I'm the only person who can run my business, I'd have to close for the duration of the trial, and I'd lose income I need for rent." Much stronger, especially with specifics.
• Timing conflict: "I have a booked job, a trade show or my busy season that week." The easiest problem to solve, with a postponement.

Start with a postponement

A postponement (also called a deferral) is the most reliable tool for a self-employed person. Most courts grant a first request readily if it's made on time, and you can usually pick a date months out. Our guide to how to postpone jury duty covers the general process.

To make it work for your business:

1. Respond quickly. Most summonses give a deadline. Requests made early are far more likely to be granted than ones made the week of service.
2. Choose your slow season. If you're a tax preparer, avoid March and April. If you're a landscaper, pick winter. Courts generally let you suggest dates.
3. Clear the calendar for that week. Tell clients now that you'll be unavailable, so you don't need to ask for a second postponement. Second requests are harder to get.
4. Ask about the term of service. Many courts use "one day or one trial": if you're not picked for a jury on the first day, you're done. Knowing that helps you plan.

Our postponement letter builder drafts a request you can submit online or by mail.

Asking to be excused for financial hardship

If a postponement won't help, for example because you're the sole earner and any week away would cause real harm, you can ask to be excused. Courts that accept these requests usually ask you to explain and sometimes to document it. A strong request:

• Explains the business. What you do, that you're the only owner or worker, and why no one can cover for you.
• Quantifies the loss. Typical weekly earnings, the expected length of service, and what happens if the business stops: lost contracts, penalties, a closed storefront.
• Shows the household impact. Rent or mortgage, dependents, and whether you have any other income.
• Offers documents if the court asks: a recent tax return or Schedule C, bank statements, contracts with dates.
• Stays factual. Judges read many of these. Specific numbers carry more weight than adjectives.

Some courts handle hardship requests on paper. Others ask you to appear and explain to the judge, often during jury selection. If you're asked about hardship in the courtroom, be brief and honest. A judge may excuse you from a long trial while keeping you available for a short one.

Never ignore the summons. Failing to respond can lead to a court order to appear, fines or worse. Our guide to missed jury duty summons explains the consequences.

If you end up serving

Plenty of self-employed jurors serve without disaster. A few things help:

• Ask how long the trial will last during jury selection. Judges usually tell the panel the expected length and ask whether it causes anyone a hardship. That's your moment to speak up if the trial is long.
• Use breaks and evenings. Courts typically keep regular business hours and break for lunch. Many freelancers answer email at breaks, but follow the judge's instructions about phones and never research the case.
• Set up an out-of-office message and tell regular clients when you'll be back.
• Keep records of the days you serve, the pay received and any mileage.

If you have employees, our guide to jury duty and your job covers the employer side, including the federal rule that employers can't fire permanent employees for federal jury service.

Gig and platform workers

App-based drivers, delivery workers and other platform workers are usually independent contractors, not employees. In most states, employer protections and wage-continuation rules don't apply. The upside is flexibility: you control your hours, so a postponement to a week you plan to take off can cost you very little. If a long trial would wipe out your income, the hardship process above applies to you just as it does to a business owner.

Taxes on juror pay

Juror pay is taxable income. According to IRS Publication 525, jury duty pay must be included in income on Schedule 1 (Form 1040), line 8h. Employees who have to hand their juror pay over to an employer that kept paying their salary can deduct the amount turned over, but that situation rarely applies to the self-employed.

Mileage and parking reimbursements are a separate question. Publication 525 and your tax software or preparer can tell you how your court's reimbursements are treated. Keep the court's payment statement with your records.

A quick plan

1. Read the summons the day it arrives and note the response deadline.
2. If the date is bad, request a postponement to your slow season, early.
3. If any week away would cause serious financial harm, ask to be excused, with specifics and documents.
4. If you serve, tell the judge during selection if the trial length is a hardship.
5. Keep records of the days served and pay received for your taxes.

This guide is general information, not legal advice. Rules and pay rates vary by state and court, and the court that sent your summons has the final word.