What happens if I skip out on jury duty in Nevada?

If you miss jury duty in Nevada without providing a valid reason, you may be ordered to appear before a judge to explain your absence. If the judge finds your explanation inadequate, you could be held in contempt of court and fined up to $500.

Specifically, NRS § 6.040 states that:

Any person summoned as provided in this chapter to serve as a juror, who fails to attend and serve as a juror, shall, unless excused by the court, be ordered by the court to appear and show cause for his or her failure to attend and serve as a juror. If the person fails to show cause, the person is in contempt and shall be fined not more than $500.

Courts can excuse you from serving if you can show a hardship such as illness. However, you need to get permission from the court ahead of time.

In this article, our Las Vegas criminal defense attorneys discuss various Nevada jury service topics including punishments for failing to show up under NRS 6.040. Scroll down, or click on a topic below to jump to that section.

• 1. Jury Duty Requirements
• 2. Penalties for Missing Jury Duty
• 3. Hardship Excuses
• 4. Preparing for Jury Service
• 5. Payment
• 6. Ineligibility
• 7. Employer Obligations
• 8. Penalties for Hindering Jurors
• 9. Eighth Judicial District Court Jury Information
• 10. Grand Juries
• Additional Resources

1. Jury Duty Requirements

If you are an American citizen, you will periodically receive a summons through the mail ordering you to appear in court to possibly serve on a jury (also called a “petit jury”). It is your legal obligation to appear on the date specified in the summons.

Most of the time, you will never see a courtroom. Usually, you just wait in the courthouse’s jury room in case a legal matter fails to settle and proceeds to trial (which is rare).

The average jury trial lasts three days, but some can be much shorter or far longer. You are required to appear

• every day of the trial
• no matter the length.

After you fulfill your obligation to appear for jury duty, you should not be summoned for jury duty again for a while. If you serve in Clark County, you should not get called again for at least 18 months.¹

2. Penalties for Missing Jury Duty

Under NRS 6.040, if you do not show up for jury service in Nevada, you may receive a second summons in the mail. This time, you will be ordered to appear in front of a judge at a “show cause” hearing to explain why you were absent.

If you fail to give a good excuse for missing jury duty, then the court will hold you in civil contempt and fine you $500.² Once you pay the fine, the court will no longer hold you in contempt.

When you attend your show cause hearing, you should bring documents such as doctor’s notes, time cards, etc., to back up your excuse for missing jury service. If you fail to appear at your “show cause” hearing, the court will issue a bench warrant for your arrest.

Some people get lucky and are not penalized for ignoring their jury summons, but it is still against the law. It is always recommended that you

• try to attend jury service or
• inform the court in advance if you cannot make it.

Federal Court Penalties

As in Nevada state court, failing to report for jury duty in Nevada federal court triggers a summons to appear at a show cause hearing. If you fail to show up or give a good excuse for missing jury duty, the judge may order:

• up to $1,000 in fines, and/or
• up to three (3) days in jail, and/or
• community service.

Learn more about federal court jury service here.

Beware of Scammers

Fraudsters posing as Las Vegas Metropolitan Police Department officers have called people claiming they can excuse them from jury service in exchange for money. Clearly, these are scams you should ignore and report right away to the police.³

3. Hardship Excuses

If you wish to be excused from jury duty, you must contact Jury Services and request an excusal. Courts should always allow exemptions in the following circumstances:

• You are a member of the Nevada Legislature or are an employee of the Legislature or Nevada Legislative Counsel Bureau while the Legislature is in session;
• You are a police officer;
• You are 70 years of age or older;
• You are 65 years of age or older and live 65 miles or more from the court;
• You have a fictitious address for your protection from domestic violence, sexual assault, or stalking (under NRS 217.462 to 217.471); or
• You already served as a juror on a trial that year or the previous year. ⁴

Generally, courts will allow you to postpone jury service for extenuating reasons such as:

• illness,
• death or illness of a family member,
• disability,
• undue hardship,
• caregiving, or
• public necessity.

Note that you should secure the court’s permission to miss jury duty before the date you are summoned to appear. In some cases, you may have to produce affidavits and other paperwork supporting your excuse to miss jury duty.

4. Preparing for Jury Service

The court mails out a “summons to appear” with detailed instructions on what to do. The summons has an information hotline you can call as well as details about

• what to bring,
• where to park, and
• what to wear.

Note that you are required to notify your employer at least three (3) days in advance before jury duty beginning.

The summons usually directs you to immediately go to the court website and fill out an online survey to determine your eligibility for jury duty. The website also allows you to provide a “hardship excuse” for why you may be unable to appear.

You are also required to call the information hotline the evening before your scheduled service date to confirm whether you still need to appear. Courts do not provide child care, you should make arrangements before your service date.

Dress Code

In state court, casual clothes are acceptable except for:

• shorts,
• tank tops,
• flip-flops,
• mini-skirts,
• sunglasses,
• hats, or
• any garments that are too revealing or contain offensive language or images.

Federal court allows casual attire as well but no t-shirts. The safest bet is to dress in business casual attire.

Venire and Voir Dire

The group of you and other prospective jurors who are randomly selected to go into a courtroom is called the “venire.” The venire is usually three or four dozen people.

Once a venire is selected, the court begins the process of “voir dire,” which is where the judge and attorneys for both parties pose questions to you and the other prospective jurors.

First, the judge will ask various questions, including:

• your name and badge number (which appears on the summons)
• your employment (if any)
• whether you have a spouse or domestic employment, and where they are employed
• whether you have children who are employed
• how long you lived in Nevada
• whether you served on a jury before; if so, did the jury reach a verdict; and whether you were the foreperson in the jury

Then the judge and attorneys may ask other questions to help determine whether you have biases that would prevent you from being impartial. You can always request that you speak to the judge and attorneys privately at the bench (judge’s desk) so that your fellow venire members cannot hear your answers.

Eventually, the attorneys for both parties will whittle down the venire into the final group of jurors and a few alternates. In Justice Court, the size is usually six jurors. In District Court, the size is usually twelve jurors in criminal cases or eight jurors in civil cases.⁵

The Trial and Deliberation

If you do get “impaneled” on a jury, you are required to watch the trial, weigh the evidence, and deliberate with the other jurors to determine the outcome. During deliberation, you all choose a foreman to head the process.

If the trial is a criminal case, the jury determines whether or not the defendant is guilty beyond a reasonable doubt. If the jury is “hung” (not unanimous), the judge will declare a mistrial. Then the defendant may have another trial later on with different jurors.

If the trial is a civil case, the jury determines by the preponderance of the evidence if the defendant is liable for money damages. Only three/fourths of the jurors need to agree. Out of twelve jurors, that means nine out of twelve have to agree.⁶

5. Payment

If you are sworn in for the purpose of serving on a trial jury, you receive per diem payment of $65 a day.

Meanwhile, if you do not get sworn in you do not get paid, even if you spend all day in court waiting. Under certain circumstances, you may be reimbursed for travel and lodging expenses.⁷

6. Ineligibility

You are ineligible for jury service if you are either:

• a non-citizen of the U.S.,
• under eighteen (18),
• rendered incapable due to physical or mental infirmities (as certified by a physician),
• convicted of treason,
• a convicted felon who has not had your civil rights restored, or
• a non-English speaker.⁸

If you receive a jury summons and are ineligible for service, you should contact the information hotline on the summons immediately.

7.  Employer Obligations

Under NRS 6.190, employers are legally required to allow you to take off work in order to fulfill jury duty. Specifically, employers may not do any of the following:

• require you to use sick leave or vacation time for jury duty;
• require you to work within eight hours before the time at which you are required to appear for jury duty; or
• require you to work between 5 p.m. and 3 a.m. following your jury service if the service lasted for four hours or more (including travel time) earlier that day.

Criminal Penalties

Employers who violate NRS 6.190 may face prosecution for a misdemeanor, carrying:

• up to six (6) months in jail and/or
• up to $1,000 in fines.

Employers who terminate — or threaten to terminate — your employment if you miss work for jury service may be criminally liable for a gross misdemeanor under NRS 6.190. Penalties include:

• up to 364 days in jail and/or
• up to $2,000 in fines.

Civil Penalties

If your employer violates NRS 6.190, you may sue your employer for the following:

• wages and benefits lost as a result of the violation,
• an order of reinstatement without loss of position, seniority or benefits,
• damages equal to the amount of the lost wages and benefits,
• reasonable attorney’s fees fixed by the court, and
• punitive or exemplary damages up to $50,000

Remember that you are required to notify your employers at least three (3) days in advance prior to jury duty beginning. Otherwise, your employer might not be criminally or civilly liable for failing to accommodate your jury duty obligations.⁹

Your Wages

Your employer is not required to pay you for the time you miss due to jury duty. However many employers do pay anyway, especially if you are salaried.

8. Penalties for Hindering Jurors

NRS 6.190 also makes it a misdemeanor to dissuade — or attempt to dissuade — a person who has received a jury summons from serving as a juror. The sentence includes:

• up to six (6) months in jail and/or
• up to $1,000 in fines.¹⁰

9. Eighth Judicial District Court Jury Information

If you receive a summons to serve as a juror by the Eighth Judicial District Court in Clark County, you are required to go online at ejuror.clarkcountycourts.us or call 702-455-4472 to complete the qualification survey.

The courthouse is in the Regional Justice Center, located at 200 Lewis Ave. in Las Vegas, Nevada 89101.

Any requests for excusal should be made at least five (5) business days prior to the appearance date. The court’s email address is [email protected]. Instructions for prospective jurors are also available at http://www.clarkcountycourts.us/ejdc/juror-information/index.html.

You can also request disability accommodations by calling 702-455-4472.

Validated parking is available if you park at the Fremont Street Experience Parking Garage at 425 Fremont Street. If you are disabled, you may get validated parking at 321 S. Casino Center Drive.

10. Grand Juries

Grand juries are very different from trial juries. Three main distinctions are:

1. Whereas trial juries determine the outcome of a case, grand juries determine whether enough evidence exists to prosecute (“indict”) a person to begin with;
2. Whereas trial juries are usually open to the public, grand jury proceedings are held in secret;
3. Whereas jury duty is required, people have to serve on grand juries only if they are “willing.”¹¹

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Jury Duty Is a Poll Tax: The Case for Severing the Link between Voter Registration and Jury Service – Columbia Journal of Law and Social Problems.
• The Occupational Hazards of Jury Duty – Bulletin of American Academy of Psychiatry Law.
• Avoiding Jury Duty: Psychological and Legal Perspectives – Jury Expert.
• Attitude Change Following Jury Duty – The Justice System Journal.
• Juror reactions to jury duty: perceptions of the system and potential stressors – Behavior Sciences & the Law.

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Legal References