How to Get Out of Jury Duty in Texas: Valid Exemptions and What to Do
Getting a jury summons in Texas does not necessarily mean you have to serve on a jury.
Texas law provides specific circumstances in which you may be exempt from jury service, disqualified from serving, or able to request a postponement. But simply not wanting to serve, having a busy schedule, or being concerned about missing work does not automatically excuse you. If you have questions about your legal rights or believe your situation may qualify for an exemption, a personal injury law firm may be able to help you understand your options and determine what steps to take.
If you have received a jury summons, the first step is to read it carefully and follow the instructions from the court that
summoned you.
Here’s what to know about getting excused from jury duty in Texas and what you should do if you believe you qualify.
Can You Get Out of Jury Duty in Texas?
Yes, but you generally need a legally recognized reason.
Texas law identifies specific exemptions from jury service. There are also circumstances in which a person may be disqualified from serving or may ask the court to postpone or excuse service because of a particular hardship.
The important distinction is that not every reason for missing jury duty is an exemption.
For example, being over the statutory age, being a qualifying student, having certain caregiving responsibilities, or being deployed on qualifying military duty may allow you to claim an exemption. Other situations, such as a significant personal hardship or a physical or mental impairment, may require the court or judge to review your circumstances.
So, if you are searching for “how to get out of jury duty in Texas,” the better question is:
Do you have a legally recognized reason to be excused, exempted, or rescheduled?
First, Check Whether You Are Qualified to Serve
Before looking at exemptions, make sure you are actually eligible for jury service.
Texas generally requires a prospective juror to:
- Be at least 18 years old
- Be a U.S. citizen
- Be a resident of Texas and the county where they are summoned
- Be qualified to vote in that county
- Be of sound mind and good moral character
- Be able to read and write
- Meet the requirements concerning previous jury service
- Not have certain felony or misdemeanor theft convictions or pending qualifying charges
The Texas Judicial Branch advises people unsure of their eligibility to contact the judge or court listed on their summons.
This matters because being disqualified is different from being exempt.
For example, if you no longer live in the county that summoned you, that may raise a qualification or disqualification issue rather than simply being a personal request to be excused.
Valid Exemptions From Jury Duty in Texas
Texas law provides several circumstances in which a qualified person may choose to claim an exemption from jury service.
1. You Are 75 or Older
One important correction to the older version of this article: the current Texas statutory exemption applies to people who are 75 years of age or older, not 70.
Texas law allows a person 75 or older to claim an exemption from jury service. A permanent age exemption may also be requested.
If you qualify, follow the instructions provided with your summons rather than simply failing to appear.
2. You Have Legal Custody of a Young Child
You may qualify for an exemption if you have legal custody of a child younger than 12 and your jury service would require you to leave the child without adequate supervision.
This exemption is about the circumstances surrounding childcare. Simply being a parent does not automatically mean you are excused from jury service.
If you believe this applies to you, check the specific instructions on your summons for how to claim the exemption.
3. You Are a Qualifying Student
Texas law provides exemptions for certain students.
This can include a student attending a public or private secondary school and a person enrolled in and actually attending an institution of higher education.
If you are a student and receive a summons, do not assume that your student status automatically cancels your obligation. Follow the court’s process for claiming the exemption.
4. You Are the Primary Caregiver for Someone Who Cannot Care for Themselves
Texas law also recognizes an exemption for a person who is the primary caretaker of someone who is unable to care for himself or herself.
There are limitations to this exemption, including an exception for health care workers.
If your absence would leave someone dependent on you without necessary care, review the summons instructions carefully and determine whether you meet the statutory requirements.
5. You Are on Qualifying Active-Duty Military Service
Members of the U.S. military who are serving on active duty and are deployed away from their home station and outside their county of residence may qualify for an exemption.
Military status alone does not necessarily mean you are exempt. The specific circumstances described in the law matter.
What About a Medical Condition?
A physical or mental impairment can affect your ability to serve.
However, this should not simply be treated as an automatic exemption that you can claim without documentation.
Texas law allows a district court judge to temporarily or permanently exempt someone whose physical or mental impairment makes jury service impossible or very difficult. The same provision addresses an inability to comprehend or communicate in English.
If this applies to you, contact the court or judge identified on your summons and follow the required procedure.
You may need supporting information from a medical professional explaining why the condition prevents you from serving.
What If Jury Duty Would Cause Financial Hardship?
This is another area where the original article needs clarification.
Financial hardship is not simply a blanket exemption from jury duty in Texas.
Texas law allows a judge to consider individual personal hardships. However, economic hardship is subject to specific requirements, including the presence and approval of the parties in the case before the juror may be excused for an economic reason.
That means you should not assume that missing work or losing income automatically means you can skip jury service.
If serving would create a serious financial hardship, explain the situation through the court-provided process rather than ignoring the summons.
Can You Postpone Jury Duty Instead?
Sometimes, postponement may be more appropriate than asking to be permanently excused.
For example, you may have a temporary conflict that does not qualify as a statutory exemption but makes your scheduled date difficult.
The rules and procedures can vary by court and county, so check your summons carefully.
For example, Tarrant County currently states that Texas law allows each juror one deferral for any reason, subject to its jury-service procedures. Tarrant County also allows jurors to use its online system to request a rescheduled date.
This is an important distinction:
You may not need to “get out” of jury duty permanently. You may simply need a different date.
How to Request an Exemption or Postponement
If you believe you qualify, don’t ignore the summons.
Instead:
1. Read the entire summons
Your summons should explain where to report, when to report, and how to respond if you believe you qualify for an exemption, disqualification, or postponement.
2. Determine which reason applies
Be specific.
Are you claiming a statutory exemption? Are you not qualified to serve? Do you need to request a postponement? Or are you asking the judge to consider a particular hardship?
Using the correct category can make the process much clearer.
3. Submit the required information
Some courts allow requests to be handled online, while others may provide different procedures.
For example, Tarrant County currently allows jurors to submit exemptions, disqualifications, and rescheduling requests through its online jury system.
4. Provide documentation when required
If your reason requires supporting documentation, provide what the court requests.
For medical issues, for example, the court may require information from a physician.
5. Do not assume your request was automatically approved
This is important.
Until the court confirms your exemption, postponement, or other request, continue following the instructions associated with your summons.
If you have questions about your eligibility, Texas courts advise contacting the court or judge identified on your summons.
What Happens If You Simply Ignore Jury Duty?
Receiving a jury summons does not mean you can simply decide not to show up.
If you believe you have a valid reason not to serve, use the process provided by the court.
For example, Tarrant County states that its courts have a strict appearance policy and instructs jurors to follow the applicable exemption, qualification, or rescheduling procedures.
In other words, don’t confuse “I don’t want to serve” with “I am legally excused from serving.”
If you are unsure about your situation, get clarification before the date on your summons.
What If You Are Summoned in Tarrant County?
If your summons is from Tarrant County, you have specific jury-service resources available through Tarrant County Jury Services.
The county currently provides online options to complete qualification information, submit exemptions or disqualifications, and request a rescheduled date.
Tarrant County also states that jurors may defer their service once for any reason under Texas law.
Because procedures can change, always rely on the current instructions provided with your summons and the county’s current jury-service information.
When Should You Speak With a Lawyer?
Most people who receive a jury summons do not need an attorney simply to complete the jury-service process.
However, legal guidance may be helpful if your situation is unusual or you are unsure how a particular legal issue affects your obligation.
For example, you may have questions about:
- Whether you are legally qualified to serve
- Whether a particular exemption applies to you
- A medical or personal hardship
- A prior legal matter affecting your eligibility
- A conflict between jury service and another legal obligation
A lawyer can help you understand the legal issue, but the court handling your jury summons ultimately controls the jury-service process.
Frequently Asked Questions About Jury Duty in Texas
How do I get out of jury duty in Texas?
You may be able to claim a legal exemption, establish that you are disqualified from serving, request a postponement, or ask the court to consider a qualifying hardship. The correct option depends on your circumstances. Always follow the instructions on your jury summons.
What is the age limit for jury duty in Texas?
Texas law provides an exemption for people who are 75 years of age or older. The Texas Judicial Branch states that a person may also request a permanent exemption at age 75.
Can a full-time college student get out of jury duty in Texas?
A person enrolled in and actually attending an institution of higher education may qualify for a Texas jury-service exemption. You still need to follow the instructions for claiming the exemption with the court that summoned you.
Can I be excused from jury duty because of work?
Missing work does not automatically create a statutory exemption. However, Texas law allows courts to consider certain hardships, and economic hardship has specific requirements. If work or financial circumstances create a serious problem, follow the court’s procedure rather than simply failing to appear.
Can I postpone jury duty in Texas?
Possibly. The availability and process depend on the court and county. For example, Tarrant County currently states that Texas law allows each juror one deferral for any reason. Check your summons and the applicable court’s instructions for the procedure.
What if I am sick and cannot serve on a jury?
A physical or mental impairment that makes jury service impossible or very difficult may provide grounds for an exemption through the court. You should contact the court or judge identified on your summons and follow its requirements, including any request for medical documentation.
What happens if I ignore a jury summons in Texas?
You should not ignore a jury summons. If you believe you qualify for an exemption, disqualification, postponement, or hardship consideration, use the procedure provided by the court. Failing to follow the court’s instructions can create unnecessary legal problems.
Need Help Understanding Your Options?
A jury summons can raise a lot of questions, especially when you are dealing with work, family responsibilities, health concerns, or another significant conflict.
The good news is that receiving a summons does not mean you have no options. Texas law provides specific exemptions and procedures for people who cannot or should not serve under certain circumstances.
The key is to respond properly rather than ignore the summons.
If you are unsure whether a particular legal issue affects your situation, Parker Law Firm Injury Lawyers can help you understand your options and determine whether speaking with an attorney makes sense for your circumstances.
Contact Parker Law Firm Injury Lawyers today to schedule a consultation.
