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Excusal

Supreme and District Courts - Information for jurors

When you receive your Notice to prospective juror you should carefully consider how your absence may affect your home, workplace and study commitments.

If you are employed, you should discuss the possible impact of jury service with your employer. You and your employer may need to prepare for your absence if you receive a summons for jury service.

You can apply to be excused from jury service by filling in the questionnaire, attaching any supporting documentation and returning in the enclosed envelope.

Common questions

Will I be paid by my employer while performing jury service?

This depends on the industrial award you are employed under and the arrangements you make with your employer. You will receive an allowance for performing jury service but this may not equal the income you are receiving from your current employer. Refer to the Industrial Relations Act 1999, s. 14A for more information.

Jurors receive fees as set out in the Jury Regulation 1997 Schedule 2.

Can I be excused for work-related reasons?

If you are applying to be excused for work-related reasons, you will need a letter from your employer stating the reasons why you cannot attend jury service. Attach a copy of this letter to your questionnaire.

You will probably be required to attend no more than two mornings a week unless you are empanelled on a trial.

Can my employer ask the court to excuse me from jury service?

No. Only a juror can apply to be excused from jury service.

Can I be dismissed from my job for doing jury service?

No. It is against the law for your employer to dismiss you, or in any way disadvantage you, for making yourself available for jury service.

An employer convicted of such an offence could be jailed for up to one year.

You should contact the courthouse that summoned you if you have any concerns about your employment due to your jury service.

Can I apply to be excused for only a few days?

Yes. You should notify the deputy sheriff if you have a prior commitment that will prevent you from attending jury service for any days during your notice period. The deputy sheriff will then provide you with instructions.

What if I have children or other family commitments?

If you have children, other dependants, or other personal responsibilities, you should plan alternative arrangements to cover these commitments. Be ready to put your plan into action if you receive a summons.

You should also consider other possible circumstances including:

your jury service could be for any period throughout the year, including school holidays
you may be required to remain overnight at the end of the trial if you and your fellow jurors are still considering a verdict.

If you are unable to make alternative arrangements, you should apply to be excused from jury duty on the questionnaire. You should give the exact reason why you are unable to perform jury service for the whole notice period.

If there is a particular time or day that you are unavailable during the notice period you should also note this in the relevant section of the questionnaire.

What documentation do I need to be excused from jury service?

If you are applying to be excused from jury service on medical grounds, you will need to attach a medical certificate to your questionnaire. This certificate should state the exact period of time that you are unable to serve as a juror and you will need to include these details in the questionnaire.
If you are applying to be excused due to study commitments, you will need to attach a copy of your student identification card or timetable to your questionnaire.
If you will be away on holidays during the notice period, you will need to provide some documentation such as a travel itinerary or tickets to support your application for excusal.

Can my application be rejected?

Yes. The court may not grant your application for excusal.

If I have applied to be excused in my questionnaire, will I receive another questionnaire in the future?

If your request for excusal is granted, you will still be noted in the jury roll as being available for future selection. You may be randomly selected in the future to receive a notice.

What happens if I do not apply to be excused?

If you do not apply to be excused, you are eligible to be placed in a second ballot.

The second ballot randomly selects jurors from a list of people who are available in a certain jury district. These people will then receive a summons.

Am I automatically selected for jury service if I do not apply to be excused?

You may not be required for jury service even if you did not apply for excusal.

This may happen if the number of people who are available is larger than the number of people required to form a panel.

The notice will inform you that, if you have not received a summons by a certain date, you can assume you will not be required for jury service for the notice period.

Last updated Friday, 18 January 2008 14:27