A federal jury summons can feel random, and in a statistical sense it is meant to be. This article explains how federal courts find prospective jurors, who is eligible, who can be excused, how the final panel is chosen and what jurors are paid.
Federal rules govern only federal courts. State and local courts, which hear most cases, run their own systems with their own lists, pay and excuses, so a summons from a county courthouse may work differently from what is described here.
Where do federal courts get the names?
According to the federal judiciary, courts draw prospective jurors from state voter registration lists. If voter lists alone do not produce a representative cross section of the community, courts add other sources, such as lists of licensed drivers in the district. The judiciary ties this process to a federal statute, 28 U.S.C. § 1861, which sets out the policy that jurors be selected at random from a fair cross section of the community.
Each court then randomly selects qualified citizens from the counties within its district. A federal judicial district is the geographic area served by one U.S. district court. Because the pool is built from public lists, the way people register to vote and the way elections are administered can shape who is in the pool, which is one reason courts supplement voter rolls with other lists.
What happens between the questionnaire and the summons?
Being chosen for the pool is not the same as being called to a trial. According to the judiciary, people selected receive a qualification questionnaire, which must be completed and returned within 10 days or can be filled out online through the court’s eJuror page. The questionnaire screens for the legal requirements described below.
A summons is a separate step. The judiciary says that being summoned does not guarantee service. When a trial needs a jury, a group of qualified people who reported in response to the summons goes to the courtroom, and only some of them end up on the jury.
Who is qualified to serve?
The federal judiciary lists these qualifications, all of which must be met:
- U.S. citizen
- At least 18 years old
- Resided primarily in the judicial district for at least one year when completing the questionnaire
- Able to adequately read, write, understand and speak English
- No disqualifying mental or physical condition that cannot be addressed with an accommodation
- Not currently facing felony charges punishable by more than one year in prison
- Never convicted of a felony, unless civil rights were legally restored or never lost in the jurisdiction of conviction
Someone who fails any one of these is disqualified from federal jury service, according to the judiciary.
Who is exempt, and who can be excused?
Exemptions and excuses are different things. An exemption applies to full-time members of certain groups, who the judiciary says are barred from federal juries even if they would otherwise qualify:
- Active-duty members of the armed forces and National Guard
- Full-time professional (not volunteer) members of non-federal fire and police departments
- Full-time “public officers” of federal, state or local governments, meaning people elected to office or appointed by an elected official
An excuse is a request that a court may grant. According to the judiciary, most district courts grant permanent excuses on request to designated groups, such as people over 70, people who served on a federal jury within the past two years, and volunteer firefighters or rescue and ambulance crew members. Courts can also defer service or excuse someone temporarily when service would cause “undue hardship or extreme inconvenience.”
The judiciary adds that these decisions are made at the court’s discretion, that each district sets its own procedures, and that a person who wants an excuse should contact the court that summoned them.
How does voir dire work in the courtroom?
Voir dire (pronounced roughly “vwahr deer”) is the questioning of prospective jurors before a trial. According to the federal judiciary, the judge and the attorneys question potential jurors, either generally or about the specific case, to assess whether they are suitable. Based on their answers, some people are excused from that trial.
The judiciary also notes that attorneys may exclude a certain number of prospective jurors without giving a reason. The page consulted does not give the number or discuss the separate process of removing a juror “for cause,” meaning for a stated reason such as a conflict of interest. Those details are set by court rules and vary by type of case, so they are best checked in the court’s own juror handbook.
Being excused from one trial does not necessarily end a person’s service. It means only that the person was not seated on that particular panel.
How much are federal jurors paid?
Pay is modest and set for federal courts by statute. According to the judiciary’s juror pay page, trial (petit) jurors and grand jurors each receive $50 per day. Trial jurors may be eligible for up to $60 per day after serving 10 days if the presiding judge so orders, and grand jurors may be eligible for up to $60 per day after serving 45 days. A grand jury is the body that reviews evidence to decide whether to bring criminal charges, while a petit jury decides the outcome of a trial.
Federal employees serving on jury duty receive their regular salary instead of the jury fee, according to the judiciary. Jurors are also reimbursed for reasonable transportation costs, and in some courts for parking. If overnight stays are required, allowances for meals and lodging apply. The page does not list dollar amounts for these.
An illustrative example: a trial juror who serves 12 days under the standard rate would be paid $50 a day, or $600 over 12 days, unless the presiding judge orders the higher rate after day 10. If the judge did, the two days beyond day 10 could be paid at up to $60, which would make the total up to $620 (10 × $50 plus 2 × $60). Whether that higher rate applies is the judge’s decision.
What to expect on a day of service
The summons itself is the best guide, because each district court publishes its own instructions. In general terms, the judiciary describes a sequence: a person reports in response to the summons, joins a group of qualified jurors, and may or may not be sent to a courtroom depending on whether a trial needs a jury that day. Some people are never questioned at all, while others are questioned and then excused.
Several points are worth keeping in mind:
| Stage | What it means | Who decides |
|---|---|---|
| Questionnaire | Screens legal qualifications | The court, using the answers returned |
| Summons | Orders a person to report | The court |
| Excuse or deferral | Permanent or temporary relief from service | The court, at its discretion |
| Voir dire | Questioning to assess suitability | The judge and the attorneys |
Because the stages are separate, a person can clear one and still not serve. The judiciary stresses that a summons does not guarantee service.
What protects a juror’s job?
According to the judiciary, the Jury Selection and Service Act prohibits employers from firing, intimidating or coercing permanent employees because of federal jury service. The same page says federal law does not require employers to keep paying salaries during jury service, so jurors should check their employer’s policy. The gap between a $50 daily fee and a normal paycheck is one reason hardship excuses exist.
Why jury service is built this way
Federal jury service sits where several parts of the court system meet. The reliance on random selection from public lists reflects the principle that a jury should represent the community, and the qualifications, exemptions and excuses are the rules that narrow the pool to people who can serve. How federal and state systems divide cases is covered in a separate explainer on federal courts versus state courts, and the broader population counts used to describe communities come from efforts such as the U.S. census.
For anyone who receives a federal summons, the practical details are local: deadlines, excuse procedures and handbooks are published by the district court that sent it. The questionnaire’s 10-day return window is the first deadline to watch.
This article is general information about how federal courts work, not legal advice. Rules differ by court, so check the instructions on your summons.
Sources: United States Courts
