Got jury duty? Here's what to expect when serving, who typically gets excused and more

So you’ve been summoned for jury duty in Delaware.

Here’s a rundown of what jury service is and what you can expect.

First, what is a jury?

Jury service is a foundational part of the legal system. People have the right to have the evidence involved in criminal charges or civil claims against them evaluated by a jury of their peers.While a judge oversees jury trials as it relates to proper legal procedure, jurors are the sole judges of the evidence or facts of a case, the credibility of witnesses and what weight those witnesses’ testimony should be given.

What kind of courts and cases can I be called for?

You may be called to evaluate a criminal case where someone is charged with violating criminal law. You may also be called to evaluate evidence when a person or business sues another seeking a monetary award or binding order from a judge. The basic job is to listen to attorneys present evidence, evaluate that evidence and then collaborate among jurors to render a verdict after deliberations. You may also be called for what is known as a Grand Jury, a panel that is assembled to determine whether the government has probable cause to pursue criminal charges against a person.In New Castle County's courts, the state's busiest, approximately 150,000 jurors are summoned each year. That's about 2,000 to 3,000 a week.

Most often, people are called for service in state court. The federal district court in Delaware also impanels juries using similar methods as those discussed below.

How are jurors selected for duty?

To identify and call jurors, local courts use lists of registered voters and those who have registered state identification or a driver’s license. Those people receive a summons.

How often can I be asked to serve?

You cannot be required to serve on a jury more than once every two years. Both federal and state jury duty count toward those two years.

What happens when I receive a summons?

Both federal and state courts notify individuals summoned for jury duty by mail.

For state court, officials send mail summons approximately one month before one is scheduled to appear in court. Save the document. It also includes instructions for requesting to be excused from duty. The document will set out what day and place the potential juror is set to report.

The summons also includes a qualification questionnaire that potential jurors need to fill out and return by mail within days of receipt. The questionnaire can also be completed online for both state and federal courts.

The questionnaire is part of the screening process for the court to determine if you qualify to serve on a jury.If you don’t complete the questionnaire online or mail it back, potential jurors are also asked to bring the questionnaire on the day they are scheduled to report.

Federal court conducts similar procedures for summoning potential jurors.

In state court, officials recommend calling into jury services line the day before you are scheduled to come to court to make sure your presence is still necessary. Additionally, sometimes, the state courts will post special instructions for reporting jurors at the same numbers. Those information lines can be found here.

The day of jury duty

Each of the three county courts is different in terms of parking, opening times and logistics. The courts maintain a webpage with special instructions regarding parking, security and what time each courthouse opens.

Information about the federal court can be found here as well.

Make sure to bring in your summons and the questionnaire if you did not return the questionnaire some other way. The first step is reporting to the jury services office at the courthouse you've been summoned to the day of your service.

What to expect

Jury services will start by checking your paperwork and conducting an orientation for jurors. At that point, you wait. It's possible the case you are called for may be resolved before trial and you can be sent home.

If that is not the case, you'll be taken to a courtroom for another screening process known as Voir Dire.

In this process, jurors are screened to see whether they have any personal interest in the specific case or some reason they may not be able to evaluate the evidence impartially or give the case the necessary attention.

Once that process is complete, the court will work to finalize the jury.

First, a group of 12 is seated. Then, attorneys can move to strike potential jurors through a limited number of challenges typically aimed at trying to shape the demographic makeup of the jury.

Juries typically consist of 12 people as well as a number of alternates that will hear the evidence alongside the 12 seated jurors and step in to deliberate if one of those 12 jurors is not able to complete the trial process.

Most jury trial service concludes within a day or two. But some trials may take several days or sometimes weeks to complete. State court typically concludes its business and dismisses jurors by 5 p.m. at the latest.

Do I get paid?

No, not really. In state court, jurors are reimbursed for expenses at $20 per day. This only applies if you are required to be in court for more than one day in New Castle County specifically. Federal courts provide a $40 per diem and some consideration for travel expenses.

Federal law forbids employers from discharging, intimidating, or coercing any “permanent employee” based on their jury summons.

Etiquette:

Once a person is put on a jury, the judge issues rules for conduct. You have to swear an oath to carefully evaluate the evidence, set aside prejudice or passion in your decision-making and follow the court’s rules for serving.

Basic rules include paying attention and also not speaking to other jurors or anyone else about the case while the evidence is being presented and until deliberations begin at the final stage of the trial.

It also includes a mandate that jurors do not conduct their own independent research through any means including traditional media or social media. Jurors’ verdicts are to be decided based strictly on what is presented to them inside the courtroom.

Applying for deferment or excusal:

Both state and federal court may excuse people from service if they have a qualifying reason. In state court that’s described as an “undue hardship, extreme inconvenience or public necessity." These are such situations the court lists as examples:

• Served on a grand or petit jury within the past two years.

• Over 70 years of age.

• Jury service would violate deeply-held religious beliefs.

• Primarily responsible for the care of persons who are unable to care for themselves.

• Essential health care providers.

• Full-time police officers or firefighters.

• Active full-time U.S. armed services or Delaware State National Guard.

• Active full-time clergy.

• Self-employed or paid primarily on commission.

People can also ask for a different date to appear.

Once you’ve been summoned, you can ask the court for either of those through the questionnaire and, if seeking deferment, by providing an alternate date within 90 days of the summons date. Federal court works similarly.

In state court, medical requests must be accompanied by a doctor’s note. Employment deferments require a letter from one’s employer. Not all deferments are granted so unless you receive a written excuse, you are expected to show up the date listed on the summons.

Applying for and receiving notification that you've been approved for an excuse or deferment is faster if you fill out the questionnaire discussed above online.

What if I don't show up for jury duty?

If you don’t show up, you get a few strikes.In state court, the court will send you a postcard demanding you contact the court. If you fail to show up a second time, the court may have a deputy sheriff bring the summons to your home. If you fail to show a third time, the court can compel you to come into court and talk to a judge, who could fine you up to $100 and imprison you for three days.Federal court has similar provisions with a potential $1,000 fine and three days imprisonment.

Contact Xerxes Wilson at (302) 324-2787 or xwilson@delawareonline.com.

This article originally appeared on Delaware News Journal: Delaware jury duty: What to expect and everything you need to know