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2022 California Rules of Courtroom

Rule 2.1008. Excuses from jury service

(a) Duty of citizenship

Jury service, unless excused past police force, is a responsibleness of citizenship. The court and its staff must employ all necessary and appropriate means to ensure that citizens fulfill this important civic responsibility.

(Subd (a) amended constructive January 1, 2007.)

(b) Principles

The following principles govern the granting of excuses from jury service by the jury commissioner on grounds of undue hardship under Code of Ceremonious Process section 204:

(one)  No class or category of persons may be automatically excluded from jury duty except equally provided by law.

(2)  A statutory exemption from jury service must be granted only when the eligible person claims it.

(3)  Deferring jury service is preferred to excusing a prospective juror for a temporary or marginal hardship.

(iv)  Inconvenience to a prospective juror or an employer is not an adequate reason to be excused from jury duty, although it may be considered a ground for deferral.

(Subd (b) amended effective January one, 2007.)

(c) Requests to exist excused from jury service

All requests to be excused from jury service that are granted for undue hardship must exist put in writing by the prospective juror, reduced to writing, or placed on the courtroom's record. The prospective juror must support the request with facts specifying the hardship and a argument why the circumstances constituting the undue hardship cannot exist avoided by deferring the prospective juror's service.

(Subd (c) amended effective January 1, 2007.)

(d) Reasons for excusing a juror because of undue hardship

An excuse on the basis of undue hardship may be granted for any of the post-obit reasons:

(one)  The prospective juror has no reasonably available ways of public or private transportation to the court.

(2)  The prospective juror must travel an excessive distance. Unless otherwise established by statute or local dominion, an excessive distance is reasonable travel time that exceeds one-and-one-half hours from the prospective juror's dwelling house to the court.

(three)  The prospective juror will bear an farthermost financial burden. In determining whether to excuse the prospective juror for this reason, consideration must exist given to:

(A)  The sources of the prospective juror'southward household income;

(B)  The availability and extent of income reimbursement;

(C)  The expected length of service; and

(D)  Whether service tin reasonably exist expected to compromise the prospective juror's ability to support himself or herself or his or her dependents, or so disrupt the economic stability of any individual as to be against the interests of justice.

(four)  The prospective juror will bear an undue gamble of material injury to or destruction of the prospective juror's property or property entrusted to the prospective juror, and it is not feasible to make alternative arrangements to alleviate the risk. In determining whether to excuse the prospective juror for this reason, consideration must be given to:

(A)  The nature of the belongings;

(B)  The source and duration of the risk;

(C)  The probability that the risk will be realized;

(D)  The reason alternative arrangements to protect the belongings cannot be made; and

(Eastward)  Whether material injury to or destruction of the holding will so disrupt the economical stability of whatever private every bit to be confronting the interests of justice.

(5)  The prospective juror has a physical or mental disability or harm, not affecting that person'south competence to human activity as a juror, that would expose the potential juror to undue risk of mental or physical harm. In any individual instance, unless the person is aged lxx years or older, the prospective juror may be required to furnish verification or a method of verification of the inability or impairment, its probable duration, and the particular reasons for the person's inability to serve as a juror.

(vi)  The prospective juror's services are immediately needed for the protection of the public wellness and safety, and it is non feasible to brand alternative arrangements to save the person of those responsibilities during the period of service equally a juror without substantially reducing essential public services.

(vii)  The prospective juror has a personal obligation to provide bodily and necessary intendance to some other, including ill, aged, or infirm dependents, or a child who requires the prospective juror'southward personal care and attention, and no comparable substitute care is either available or practical without imposing an undue economical hardship on the prospective juror or person cared for. If the request to be excused is based on intendance provided to a sick, disabled, or infirm person, the prospective juror may exist required to furnish verification or a method of verification that the person beingness cared for is in need of regular and personal care.

(Subd (d) amended effective January i, 2007.)

(eastward) Excuse based on previous jury service

A prospective juror who has served on a grand or trial jury or was summoned and appeared for jury service in any state or federal courtroom during the previous 12 months must exist excused from service on request. The jury commissioner, in his or her discretion, may establish a longer menstruum of quiet.

(Subd (e) amended effective January 1, 2007.)

Rule 2.1008 amended and renumbered effective January 1, 2007; adopted as rule 860 effective July 1, 1997.

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