ok lawyer wannabes.........

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sdlee

Well-known member
Joined
Oct 23, 2007
Messages
380
Location
south dakota
Ive been summond for jury duty, (first time expierence)

It couldnt possibly have fallen at a worse time. I want (need) to get out if it.

Outside of doing something illegal, what can I do?

Reasons, my dad is dying, Im embarking on classes for a new career that are schedualled exactly on these court dates,my family is in turmoile over my dad and other changes that have been made recently.One of those changes is effecting my livilihood to the point that drastic imeadiate changes must be made.and I need time to do it.I am not impartial right now.

I know in time I will calm down and be a sane person again but right now I am mad at the world at the ready to fight for any given reason, might even find myself voting in the oppoisite direction in spite of myself just to cause strife.Personally if I was up for a jury trial and I knew someone was on my jury in the mood Im in right now Id be screaming unfair misjudegement or something like that.Last but not least I just dont want to do it.Later when my life is back to normal Id say yeah ...I could be fair but right now I wouldnt trust me any farther than I could throw me........so are they gonna say so what kid, change your plans.

Just wondering what you guys think.
btw, I am not shirking my Godly Patriotic duty so save the speeches there guys.Im as Patriotic as they come, dont need the guilt on that plz.Infact, my concern for the God given American right to fair and accurate judgement is exactly the reason I feel Im not good for this right now.
 
I might be wrong but I think that in most counties in this state you can request a postponement for various reasons, and attending school would be one of them. If not that, I think you could request a hardship postponement because of the recent death in your immediate family.

Finally, I've been summoned for jury duty every few years but haven't had to show up for the past four or five summons. The court has a phone-in system where you call the day before the summons date and it lets you know if you are needed at all. For the past 10 years or so, not needed to even show up. And if you do have to show, chances are you won't be seated on the jury, esp if you explain the various issues you're having and your inability to be impartial at this time.
 
ohhh.........let me correct something

My father hasnt died rather IS dying. Please everyone dont rush me a whole bunch of sympathey posts. Hes a fighter and it might not be time yet.!!!

As optimistic as that is the slieght of reality is he has been fighting this cancer for seven years and is at the end of options. He was told six years ago he hand three months to three years left. He cant keep fooling them forever. Though I hope he does as long as he can stay independant and happy.
Thank you sudshane tho, I appreciate your advice and it is comforting knowing just maybe i wont have to have yet another thing on my already too full plate
 
My apologies on two counts: I misread your message and didn't realize your father hasn't died. Sorry about that. Also, I assumed you were here in California; the policies in North Dakota may well be different regarding jury duty etc. But I still think it would be very reasonable for you to request a postponement considering all that you are facing at this time.

PS-This is Sudsmaster, not Sudshane ;-)
 
I would think the court system would excuse you from your jury duty because of the problems you are facing.I have also had to be summoned for jury duty and have not been seated on a jury -YET.Twice in Maryland,once in Virginia,once in North Carolina.All of these used the phone in system to see if you were needed that day.Fortunately the workplace I am in allows for "court leave"Most of the court systems summon so many people when they are needed that you should be able to be excused.Just ask!
 
lol

Dear Sudsmaster,

sorry I guess we both better learn to read, its SOUTH DAKOTA , not North...hehheheh I wonder tho could I get out on incompetance?

Seriously tho thanks for the great advice. I was just locked into thinking it was rock solid you couldnt get out of it no way.I will take your advice and see if I can get it post poned. I dont mind serving I just dont want to do it right now with these goings on going on in my life.

BTW, in my head I had the right face in mind when I referanced you. I may have said sudshane (an also way cool guy) but it was your picture in my mind from one of the picture threads. See WAY TOO much on my brain. I cant even keep names and faces straight.

also btw SUDSHANE if you come across this drop your two cents in. Love to hear from ya
 
As a court reporter, I can tell you that mentioning either on the first day you have to attend or if you can state you reason ahead of time on a form that needs to be returned the circumstances of your father's health (even if you have to elaborate just a little) will probably get you excused. They are looking for people who are "clear of mind" and are not likely to have to drop out in the middle of a trial for personal reasons, although it does happen.

Worst case scenerio, you may have to go all the way to what is called the "voir dire," which is the first step in the trial process where a potential jury is questioned, certain members are eliminated, and then the required number are agreed upon by both sides, including a certain number of alternates, who must sit through the entire trial, but do not get to vote unless something happened to one of the sitting jury members.

Hope this helps.

Ron
 
Most all states and local districts, even the federal government offer one if not more chances to defer jury duty. One merely has to contact the court clerk or however the directions state on the summons, and state one's case.

If one has used up all available deferrments, and or they are not available, usually if one goes down to court and sits down with the proper person, things can be arranged. Remember to bring proper documentation (such as a letter from your father's physican on his letterhead attesting to his conditon).

Whatever you do, do not ignore the summons, state and local governments have been cracking down of late on persons who ignore jury duty summons. Jail time and or fines are not uncommon, and you still will be made to sit on a jury, usually quite quickly.

OTHO some judges have heard it all before, and even women in advance stages of being with child, and so forth, are still required to at least show up for the several days of jury selection.

Previous poster has the right idea, bring papers and if asked by an attorney or judge if you will be able to concentrate on a case or some such, simply say "no", because you father is quite ill and all your thoughts are with him. No judge or attorney wants a juror whose mind is elsewhere, much less may need to be excused during trial for a serious family matter.

Best of luck, and am sorry to hear about your daddy.

L.
 
Understandable

I got called up for court duty two weeks after my 18th birthday At the voir dire the lawyer asked me why I looked so glum. Told him the truth, our 17 year old dog had just died.
He asked the judge to excuse me.
I mention this because the court clerk the day before had refused to discharge me only 'cause of a dawg.
You are in a far more serious situation, your father is dying and you simply can not give the matter the attention it deserves.
If the court clerk won't grant you a later date to serve, during voir dire there will be clear opportunity to make your case. When the lawyer asks you how you feel about the crime, or the weather or what magazines you read, just plain say your father's impending death has so occupied your mind that your opinion swings every five minutes.
That will get you excused. Oh, and the judge will have things looked into. They confirmed our pet's death and rescheduled me for six months later.
I wish you the best in this difficult time ahead.
 
My Sympathies

Indeed, I express my sympathies and wish you all the best.
My luck with jury duty can be summed up with six orders since the early 1990's: Waited for hours with my group, and was sent home. So I've been called, but never served. Wasted day (but not a wasted night)!
 
I've only been called once and it was at a bad time as well. I went down to the courthouse clerks as soon as I received the notice and asked to be removed citing a personal problem going on at the time and they didn't even question it, just stamped my notice verifying I was excused and gave it back to me, typed something in the puter and that was it..
 
I got my summons while Rich was going through chemo. On the summons, it gave a website where I could log in and ask for a postponement or change of location with good reason. I typed in the reason as "primary caregiver for cancer patient." It was postponed for several months and to a courthouse in the next town over as opposed to 3 towns away. Though the form and website said there was only one posponement allowed, I'm sure that if I had to (because of circumstances such as yours), I could have either asked for a LONG postponement in the beginning, or postponed again if I was still needed. They don't want pre-occupied people sitting in the box.

Best of luck all around,
Chuck
 
NYC

One can postpone up to three times via telephone or computer, after that when the next summons comes one MUST serve or a failure to serve/court order arrived demanding one appear before a judge to explain one's actions.

However, again even if one has had three postponements and a serious problem develops you can get round things. When we were called after three postponements (yes, being rather stubborn and rather "Ednia Monsoon" about things, thinking one was far to busy and grand to be bothered), got a court order demanding our presence, was able to avoid fines and possibly jail by agreeing then and there for a mandatory service date. One had to sign papers agreeing that all actions would be stopped long as one showed up on the agreed upon date, if one didn't then all bets were off and you could and probably would find yourself sitting in jail for contempt of court, paying a huge fine and STILL having to serve.

Am told once one ticks off a judge by not showing up when called, they tend to stick you on long, horrible cases that can take ages. No voir dire, no nothing. If you act up and make things hard for the other jurors, attorneys and or anything else to do with the case, judge will have you removed, held in contempt (see above), and you have to start the whole thing all over again.

One thing to avoid at all costs is grand jury duty, especially federal grand jury duty. One is called for weeks if not months once the jury is seated.

L.
 
I was postponed a number of times for being a student(lately, as an adult)

Also wasted a day, but did not have to serve more when they noticed there are 6 only employees in the company foi which I work.

Although I did nothing, it was considered full-service service and I'm off-the-hook for a number of years.
 
Was called for jury selection back in the mid 90's. Spent 3 days down there among alot of other interesting people. Turns out that one person was more interesting than the others. We dated for 9 months ( till she was called to jury duty) and met another guy. LOL. What a whore. LOL. Funny the things XanaX will make you get yerself into huh?
 
Sorry to hear about your current crisis. My prayers are with you and your family.

As others have said above, just explain to the court that your father is dying, and your mind is on him only. It is highly unlikely that you will be asked to serve beyond that point. Most of those who preside in our judicial system do have a heart, and will not keep you on a jury under your circumstances. People have been excused for hardships less strenuous than yours, so you should have no problem obtaining a postponement.

God Bless,
James
 
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