Question:

What happens if you don't respond to jury summons?

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I notice on the jury summons forms they say that "Failure to respond to this summons will subject you to a fine, a jail term or both." I am wondering how true that is. First of all, the jury summons are not sent out via registered/certified mail nor are they delivered in any verifiable way. They can be thus potentially lost in the mail, delivered to the wrong address, or for any reason the addressee may not receive them. Wouldn't you think that in order to enforce a fine or jail term, the county/state/federal government would be obliged to PROVE delivery of the summons to you, in other words, that they've SERVED you with the summons? Second, to your knowledge, has anyone ever been fined or given a jail term for not responding to a jury summons? Just how true is this statement on the summons? Is it a scare tactic that can't actually be legally enforced?

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  1. You are right!  Before they can prosecute you for ignoring a summons, it must be delivered in a way that it is signed for, showing you got it.  That means registered mail (at least) or even a personal process server.

    I think the punishment for ignoring a jury summons is very seldom prosecuted.  I'm guessing a large percentage of them are ignored and the county or state has better things to do than chase people down.  So long as they get enough people to fill the juries, what do they care?

    When I answer jury summonses (by calling in to the court clerk's office) I am usually told I will be 'on call' for a certain day and they'll call me if they need me.  90% of the time they don't.


  2. It can certainly be legally enforced - you can be charged with contempt of court (ignoring the wishes/direction of the court) as well as possibly other crimes under the relevant statutes in your area.  

    Secondly, the court would presume you received the summons, and the onus would be on you to prove you didn't (as it is a defence, not an ingrediant of the crime).  

    As for reasons the addressee would not receive the summons, it would unlikely be compelling.  You would probably receive several notices (which eliminates the being lost in the mail) and as juries are selected from the electoral roll (at least in Australia), it is your responsibility to ensure the information is kept up to date.

    Why not be like the 99% of people and just come up with an excuse as to why you can't do jury service?  

  3. VERY serious.  A judge can throw you in the slammer for contempt of court and you will absolutely get fined.  It happens all the time, don't risk it.  People go overnight in county lock up all the time for snubbing jury summons.

  4. Well the proof is right here - way to go.

    And yes they can put you in jail.

  5. If you fail to accept or appear before the jury, the next step, maybe, an arrest warrant issued and the concerned officer will be directed to produce you in person before the court. If found guilty, the court may take action.  In most of the cases, the defendant will be given adequate opportunity to put forth his argument for his absence.

    If the summons are not served on the person due to wrong address or non-availability or failure to serve it on the right person, action cannot be initiated unilaterally.  The person on whom, the summons issued, will be given an opportunity to be heard.  The burden of proof lies on the state as well as the person or individual.  No state has any such statutes, which will decreed jail term.

    It is not just a tactic.  The courts does not have time for such actions.

    Many evade the service of summons and notices to avoid being in the court.

    If found negligent or deliberate failure to appear, may warrant severe decree.

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