New Mexico - List of Jury Duty Excuses
New Mexico - Getting Excused From Jury Duty
While jury duty is a civic requirement for all eligible citizens in New Mexico, 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.
New Mexico 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, breastfeeding, age, police, medical worker and firefighter. You can also be excused if you don't meet the basic eligibility requirements for jury duty in NM.
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.
New Mexico has a statutory exemption that allows individuals over a certain age to request exemption from jury duty. Citizens over the age of 75 can be exempt from jury service under this age exception.
A person who is seventy-five years of age or older may file affidavit requesting an exemption from jury service and shall be permanently exempt from jury service.
National guard going to, on, or returning from active military duty shall not be subject to jury duty. Exempt under NM Stat § 20-4-8 (2016), not Civil Procedure exemptions.
Prospective jurors who cannot render satisfactory due to physical or mental illness or infirmity are disqualified from jury service.
A prospective juror may be excused from service upon the discretion of the judge if it is found that service would cause undue or extreme physical or financial hardship to the juror or to a person under their care. Excuse may also be granted for: an emergency that does not allow to perform jury service or if attendance cause substantial adverse financial impact on the daily living expenses of the person or the person's dependent.
Can I Get Excused From Jury Duty Because I Work?
In New Mexico, 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 New Mexico 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.