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03-28-2008, 02:02 PM
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Senior Member
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Join Date: Dec 2007
212 posts, read 247,818 times
Reputation: 52
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Jury Duty Dilemma - Help!
Has anyone here got a jury summons and was able to successfully avoid it?
I know I'm supposed to do my duty as a citizen but I'm a consultant who can't afford to not work as I'm paid per diem. Recently my coworker was dragged into a 2 month long case and I'm afraid I'll lose my job if that happens to me...
Is there a way to plead financial hardship in my case? What would I need to do? Should I get a written documentation from my agency and mail it or show that to the judge on my summons date?
Also, is there anyway to postpone jury duty?
TIA!
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03-28-2008, 02:52 PM
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Member
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Join Date: Mar 2008
Location: New Jersey
76 posts, read 46,781 times
Reputation: 24
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well first of all you can not legally lose your job. Also, in NJ there is a system that checks if they actually might need you. The day before you can call the number they provide, its an automated service and it could tell you dont worry about it dont come in.(that happened to me)... your employer can write you a letter that they require you to be at work and you will face financial hardship but it has to be in correct format. If it doesn't say the correct things it will be thrown out.
You can't postpone it. But the best is to hope for is that the night before you call them and they will not need you anymore.
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03-28-2008, 03:04 PM
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L.U.S.T. Girl
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Join Date: Jan 2008
Location: Stewartsville, NJ
7,581 posts, read 5,213,903 times
Reputation: 898
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Quote:
Originally Posted by kimchee
Has anyone here got a jury summons and was able to successfully avoid it?
I know I'm supposed to do my duty as a citizen but I'm a consultant who can't afford to not work as I'm paid per diem. Recently my coworker was dragged into a 2 month long case and I'm afraid I'll lose my job if that happens to me...
Is there a way to plead financial hardship in my case? What would I need to do? Should I get a written documentation from my agency and mail it or show that to the judge on my summons date?
Also, is there anyway to postpone jury duty?
TIA!
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Well if you are a consultant...per diem - that may fall under self employed. You will still have to show up if you are called and when they ask you if being a jury will be a hardship, that's when you explain to them that if you don't work, you won't get paid... hardship. I did that and I was able to leave but only after going through the whole one day process.
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03-28-2008, 03:19 PM
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Forever a Yankee
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Join Date: Mar 2007
Location: North Jersey
6,047 posts, read 4,082,724 times
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On the form you got that you are to fill out & mail back there is a section for financial hardship
It's vivid in my memory because I just sent mine back...hoping my number is high enough and I don't have to go
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03-28-2008, 03:27 PM
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make it happen
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Join Date: Mar 2008
2,114 posts, read 1,417,355 times
Reputation: 770
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On your notice just write you are self-employed. If they still make you attend; plead your case to the judge; they should let you go. They may give you a bit of a hard time, but they won't make you serve.
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03-28-2008, 03:50 PM
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Senior Member
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Join Date: Dec 2007
212 posts, read 247,818 times
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My notice said I need to come in on 4/30/08.
Could I just write down 'financial hardship - self-employed' and not have to go in? Or must I appear in person to please my case, or just call the night before to find out if I still need to go in?
These summon forms are really confusing to read!
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03-28-2008, 03:55 PM
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make it happen
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Join Date: Mar 2008
2,114 posts, read 1,417,355 times
Reputation: 770
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They will mail you a notice saying you don't need to go. If you don't get something releasing you from jury duty; you must report on 4/30 and plead your case to each judge you are called before.
It is a pain in the butt; but a necessary one. When I was a stay at home mom; that was not an excuse. I had no one to help me with the children, no family and no money to have someone watch my children for weeks on end. All the judges gave me a very hard time (I was being called for murder trials) but let me go in the end.
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03-28-2008, 09:05 PM
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Senior Member
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Join Date: Dec 2007
212 posts, read 247,818 times
Reputation: 52
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Quote:
Originally Posted by veuvegirl
They will mail you a notice saying you don't need to go. If you don't get something releasing you from jury duty; you must report on 4/30 and plead your case to each judge you are called before.
It is a pain in the butt; but a necessary one. When I was a stay at home mom; that was not an excuse. I had no one to help me with the children, no family and no money to have someone watch my children for weeks on end. All the judges gave me a very hard time (I was being called for murder trials) but let me go in the end.
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Thanks veuvegirl, what a pain that must be for you! I'm glad they let you go.
There's just gotta be a better system for jury duty when so many people are trying to get out of it. Ie. companies should still have to pay a certain % to employees who are on jury duty. Or one can sign up for jury duty every 5 years during a time that's more convenient for them.
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03-28-2008, 09:16 PM
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Senior Member
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Join Date: Jun 2006
Location: Missouri
3,987 posts, read 4,379,235 times
Reputation: 1699
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I'd been called twice and never even had to go for one day. I wouldn't sweat it too much.
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03-28-2008, 09:20 PM
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Senior Member
Status:
"Fingers Crossed"
(set 2 days ago)
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Join Date: Mar 2008
181 posts, read 116,756 times
Reputation: 47
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Look, as a non US lawyer, and this is by no means 'legal advice', but just common sense and street smarts - americans (as English) are supposed to do thier civic duty, and you get some kind of inadequte stipend for doing so (your not there to make money). However, if this is really going to scr*w you, so at the time of 'call' in the court, just tell the truth and 'act up'. That is, put your foot down / stand up for yourself, say not a good time... No lawyer, or indeed judge, wants a ""problem"" juror. You got kids, old relatives, sick dog?? Bring it all up... I bet you $100 they will get you out the door ASAP. After all, a juror with a problem, is a problem to all. Look at it this way.. Criminal lawyers (etc) are not there to make money (if so, they would go to a corporate law firm), perhaps they are there for the little man or an easy life - either way, once you protest / put forward your unhappiness i.e.problem i.e. mortgage to pay, job to keep etc 'I am not happy', bang goes the easy life or the true verdict (you do not want, as a defense attorney, a juror that is unhappy and (((spiteful))) etc...
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