Delaware - List of Jury Duty Excuses
Delaware - Getting Excused From Jury Duty
While jury duty is a civic requirement for all eligible citizens in Delaware, there are a number of excuses that can be used to legally get out of being required to report for jury selection or jury duty, or receive a deferral.
Delaware has a list of specific excuses that can be used to be exempt from reporting for jury duty, including excuses for military, elected official, student, age, police, medical worker, firefighter and disability. You can also be excused if you don't meet the basic eligibility requirements for jury duty in DE.
Generally, if you qualify for one of the statutory excuses, you can respond to your jury duty summons letter with an excuse note containing proof of your excuse, and you will not have to report for jury selection.
Delaware has a statutory exemption that allows individuals over a certain age to request exemption from jury duty. In the state of Delaware, jurors over 70 years of age may request to be excluded by submitting a qualification questionnaire and a written petition.
Breastfeeding mothers in Delaware may be excused from jury duty for at least 1 year.
Jurors summoned by the Federal District Court who have served in Superior Court within the past two years, may be excused. Jurors who served in the Federal District Court, may be excused for Superior Court.
A prospective juror may be excused from jury service by the Court only upon a showing of undue hardship, extreme inconvenience or public necessity, for a period the Court deems necessary.
The juror is then rescheduled to appear at a later date, deemed by the Court. Participation in specified groups of persons or occupational classes may also show undue hardship or extreme inconvenience, and may be deemed excusable by the Court.
Can I Get Excused From Jury Duty Because I Work?
In Delaware, your employer is not allowed to penalize you for missing work for jury duty. Therefore, simply having a job isn't in itself enough to be excused from jury duty. However, some courts may excuse you if serving on a jury and missing work would cause undue hardship to either yourself or your employer.
Submitting A Jury Duty Excuse Letter
If you do not qualify for any of the Delaware statutory exemptions listed above but seriously think that attending jury selection would cause you undue hardship, you can always submit a jury duty excuse letter with your response to the summons, and ask to be excused. It will be at the discretion of the court that summoned you whether to accept or deny your excuse.
Remember - A Jury Selection Summons Doesn't Mean You'll Be On A Jury
Keep in mind that your initial jury duty summons is only for attending jury selection day, where it will be decided if you are to actually serve on a jury during the "Voir Dire" process. If you can't get out of attending jury selection, there are many ways to raise the odds that you will be excused after jury selection without being selected to serve on a jury.