Montana - List of Jury Duty Excuses
Montana - Getting Excused From Jury Duty
While jury duty is a civic requirement for all eligible citizens in Montana, 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.
Montana 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 and firefighter. You can also be excused if you don't meet the basic eligibility requirements for jury duty in MT.
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.
While many states allow individuals over a certain age to request exemption from jury duty on account of their age, Montana has no such statutory exemption. Elderly individuals may still be able to request exemption from jury duty on account of health, mobility, or other factors.
A prospective juror who is a breastfeeding mother or a person responsible for the care of a child may be excused if comparable substitute care is either unavailable or impractical without imposing economic hardship. Affidavit to be filed with summoning jury commissioner.
A prospective juror may request a permanent exclusion from jury service by making, transmitting, and filing an affidavit with the jury commissioner, accompanied by certification from a physician that the juror is chronically incapacitated by illness or injury.
Prospective juror may be granted excuse if service would entail undue hardship, or onto a dependent of the person, or the public served by the person.
If a sick, aged, or special needs dependent requires the prospective juror's personal care and attention, and comparable substitute care is either unavailable or impractical without imposing an undue economic hardship on the prospective juror or dependent person, excuse may be granted by filing an affidavit, stating occupation and situation facts, with the summoning jury commissioner.
Can I Get Excused From Jury Duty Because I Work?
In Montana, 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 Montana 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.