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2022 California Rules of Courtroom

Dominion 2.1008. Excuses from jury service

(a) Duty of citizenship

Jury service, unless excused by police, is a responsibility of citizenship. The courtroom and its staff must employ all necessary and advisable means to ensure that citizens fulfill this important civic responsibility.

(Subd (a) amended constructive January 1, 2007.)

(b) Principles

The following principles govern the granting of excuses from jury service past the jury commissioner on grounds of undue hardship under Lawmaking of Civil Procedure section 204:

(ane)  No grade or category of persons may be automatically excluded from jury duty except as provided by police force.

(2)  A statutory exemption from jury service must be granted but when the eligible person claims information technology.

(iii)  Deferring jury service is preferred to excusing a prospective juror for a temporary or marginal hardship.

(iv)  Inconvenience to a prospective juror or an employer is not an acceptable reason to be excused from jury duty, although it may be considered a basis for deferral.

(Subd (b) amended effective January ane, 2007.)

(c) Requests to be excused from jury service

All requests to be excused from jury service that are granted for undue hardship must exist put in writing past the prospective juror, reduced to writing, or placed on the court's record. The prospective juror must support the request with facts specifying the hardship and a statement why the circumstances constituting the undue hardship cannot exist avoided by deferring the prospective juror's service.

(Subd (c) amended effective January ane, 2007.)

(d) Reasons for excusing a juror considering of undue hardship

An excuse on the ground of undue hardship may be granted for whatsoever of the following reasons:

(i)  The prospective juror has no reasonably available means of public or individual transportation to the court.

(2)  The prospective juror must travel an excessive distance. Unless otherwise established by statute or local rule, an excessive distance is reasonable travel time that exceeds ane-and-half hours from the prospective juror'southward habitation to the courtroom.

(3)  The prospective juror will bear an extreme financial burden. In determining whether to excuse the prospective juror for this reason, consideration must be given to:

(A)  The sources of the prospective juror'south household income;

(B)  The availability and extent of income reimbursement;

(C)  The expected length of service; and

(D)  Whether service tin reasonably be expected to compromise the prospective juror'southward ability to support himself or herself or his or her dependents, or so disrupt the economic stability of any individual as to be against the interests of justice.

(4)  The prospective juror will bear an undue risk of cloth injury to or destruction of the prospective juror's property or belongings entrusted to the prospective juror, and it is non feasible to brand alternative arrangements to alleviate the risk. In determining whether to alibi the prospective juror for this reason, consideration must be given to:

(A)  The nature of the holding;

(B)  The source and duration of the risk;

(C)  The probability that the risk volition be realized;

(D)  The reason alternative arrangements to protect the property cannot exist fabricated; and

(E)  Whether material injury to or devastation of the property will so disrupt the economic stability of any individual as to be against the interests of justice.

(5)  The prospective juror has a physical or mental disability or damage, not affecting that person's competence to act every bit a juror, that would expose the potential juror to undue run a risk of mental or concrete harm. In any private example, unless the person is anile seventy years or older, the prospective juror may be required to furnish verification or a method of verification of the disability or impairment, its probable duration, and the item reasons for the person's inability to serve every bit a juror.

(six)  The prospective juror'south services are immediately needed for the protection of the public health and safe, and it is non feasible to make alternative arrangements to save the person of those responsibilities during the catamenia of service as a juror without substantially reducing essential public services.

(seven)  The prospective juror has a personal obligation to provide actual and necessary care to some other, including sick, aged, or infirm dependents, or a child who requires the prospective juror'due south personal intendance and attending, and no comparable substitute care is either bachelor or practical without imposing an undue economic hardship on the prospective juror or person cared for. If the request to exist excused is based on care provided to a sick, disabled, or infirm person, the prospective juror may be required to furnish verification or a method of verification that the person being cared for is in need of regular and personal care.

(Subd (d) amended effective January one, 2007.)

(due east) Alibi based on previous jury service

A prospective juror who has served on a chiliad or trial jury or was summoned and appeared for jury service in whatsoever country or federal court during the previous 12 months must be excused from service on asking. The jury commissioner, in his or her discretion, may constitute a longer period of repose.

(Subd (e) amended effective Jan 1, 2007.)

Rule 2.1008 amended and renumbered effective Jan one, 2007; adopted as rule 860 constructive July ane, 1997.

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