Federal vs. state jury duty: what's the difference?

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How to tell which court summoned you, and how pay, exemptions, length of service, and employer rules differ between federal and state jury duty.

The U.S. has two court systems side by side. The federal handbook for trial jurors puts it simply: there are the courts of the 50 states and the District of Columbia, and the courts of the federal government. Both use juries, both send summonses, and the rules that apply to you depend on which one sent yours.

How to tell

Read the name of the court on the summons.

  • Federal: "United States District Court for the [District] of [State]." There are 94 federal district courts.
  • State: names such as superior court, circuit court, district court, court of common pleas, or county court, used alongside your state's name.

Pay

Federal jurors are paid $50 a day under 28 U.S.C. § 1871. Trial jurors may get up to $60 after 10 days, and grand jurors up to $60 after 45 days, plus travel reimbursement. State pay is set by state law and varies widely. Use our pay calculator for either.

Who qualifies and who's exempt

Federal qualifications and exemptions come from the Jury Selection and Service Act. For example, active-duty military, professional firefighters and police, and full-time public officers are exempt from federal service. States set their own lists. See who is exempt from jury duty.

Where names come from

The U.S. Courts explain that federal jurors are drawn randomly from a "jury wheel" of district residents, with each county represented in proportion to its number of registered voters. States often combine voter lists with driver's license and state ID records.

Length of service

Federal trial (petit) jurors hear a maximum of one case and are then discharged, according to the U.S. Courts. Federal grand jurors generally serve up to 18 months, extendable to 24, but meet only on scheduled days. State practice varies. Some states use a one-day-or-one-trial system, and others summon jurors for a term of weeks or months. Virginia's juror guide, for example, notes terms of up to four months depending on where you live. See how long jury duty lasts.

Employer protections

For federal service, 28 U.S.C. § 1875 bars employers from firing, intimidating, or coercing permanent employees because of jury service. For state service, state law applies. See jury duty and your job.

Responding

For a federal summons, the U.S. Courts direct you to the website of the district court that selected you, to complete the qualification questionnaire through its eJuror system. For a state summons, follow the instructions on the summons or go to your state's official jury page.

Can you be summoned by both?

Yes. The systems are separate, so serving in one doesn't automatically excuse you from the other. Some federal districts allow people who recently served on a federal jury to request an excuse, and some states have similar rules about recent state service. If you've served recently, mention it when you respond.

Sources

  1. U.S. Courts, Jury Service
  2. U.S. Courts, Juror Pay
  3. U.S. Courts, Types of Juries
  4. Handbook for Trial Jurors Serving in the United States District Courts (PDF)