Whether military members have to do jury duty depends on which court sends the summons. Active-duty service members are automatically exempt from federal jury service. For state and local juries, there is no blanket exemption, but federal law lets the military excuse a member when jury duty would unreasonably interfere with their duties or hurt unit readiness. Either way, you have to respond to the summons.
Federal Jury Duty Is Off-Limits for Active Duty
Every federal district court’s jury plan must bar active-duty members of the armed forces from jury service under 28 U.S.C. § 1863(b)(6)(A).1Office of the Law Revision Counsel. 28 USC 1863 – Plan for Random Jury Selection This is a flat exemption. Even an active-duty member who wants to serve on a federal jury can’t. The same exemption covers police officers, firefighters, and certain public officials performing government duties.2United States Courts. Juror Qualifications, Exemptions and Excuses
You still have to respond to a federal summons. Return the questionnaire or contact the clerk, note your active-duty status, and the court removes you from the pool. Throwing the notice away can get you a contempt finding or fine.
State and Local Jury Duty Works Differently
There is no automatic ban on active-duty members serving on state or local juries. Instead, 10 U.S.C. § 982 says a service member cannot be required to serve if the Secretary of their military department determines that jury duty would unreasonably interfere with the member’s duties or hurt the readiness of their unit.3Office of the Law Revision Counsel. 10 USC 982 – Members: Service on State and Local Juries Once that determination is made, it’s conclusive. The court can’t override it.
In practice, this authority runs down the chain of command. DoD Instruction 5525.08 identifies categories of active-duty members treated as exempt from state and local jury service because the interference condition always applies to them:4Department of Defense. DoDI 5525.08 – Service Member Participation on State and Local Juries
- General and flag officers
- Commanding officers
- Members assigned to operating forces
- Members in a training status
- Members stationed outside the United States
If you fit one of those categories, jury service is presumed to conflict with your duties. Other active-duty members can still be excused, but they need to point to a specific conflict rather than status alone.
Reasons a Service Member Can Be Excused
For members outside the automatically exempt categories, the clearest ground is being stationed in a different state or country from the court that issued the summons. Courts generally accept that traveling a long distance to a jury box conflicts with a duty assignment.
Other recognized conflicts include an upcoming deployment, mandatory professional military education or leadership courses, and roles where your absence would directly affect mission readiness. Under 10 U.S.C. § 982, you need to show that jury service would either unreasonably interfere with your duties or harm unit readiness. Either one is enough; you don’t need both.3Office of the Law Revision Counsel. 10 USC 982 – Members: Service on State and Local Juries
Responding to the Summons
Don’t ignore the summons, even with a solid exemption. Courts can hold no-shows in contempt and impose fines. Respond within the window printed on the notice, usually five to ten days.
Most courts include a form or online portal for excusal requests. Complete it and attach a copy of your military orders showing active-duty status and duty station. If the conflict is a specific event like a deployment or school, include those orders too.5Army.mil. Civilian Court Jury Duty for Members of the Armed Forces
A letter from your commanding officer strengthens the request when the conflict isn’t obvious from the orders. It should be on official letterhead and explain how your absence would affect the unit. Under DoD Instruction 5525.08, your command can make the determination that service would interfere with military duties, and that finding binds the court.4Department of Defense. DoDI 5525.08 – Service Member Participation on State and Local Juries
Pay and Jury Fees
If you do serve on a state or local jury, your military compensation stays intact. DoD Instruction 5525.08 says you will not be charged leave or lose any pay or entitlements during jury service.4Department of Defense. DoDI 5525.08 – Service Member Participation on State and Local Juries Jury duty is an authorized absence, not personal leave.
There’s a catch on the fee side. State courts typically pay jurors a small daily stipend, often somewhere between $15 and $50 per day. Active-duty members who receive those fees must turn them over to the U.S. Treasury, since you’re already drawing full military pay for the same time. Expense reimbursements for things like transportation or parking are yours to keep.4Department of Defense. DoDI 5525.08 – Service Member Participation on State and Local Juries
Reservists and National Guard Members
Reservists and National Guard members who are not on active-duty orders are treated like civilians for jury duty. They don’t qualify for the federal exemption under 28 U.S.C. § 1863(b)(6)(A), and 10 U.S.C. § 982 only covers members “on active duty.” A drilling reservist with a civilian job follows the same jury rules as any other person in that jurisdiction.
Conflicts can still come up. If a summons lands on a drill weekend, annual training period, or mobilization, you can ask the court to defer or excuse you for those specific dates. Provide a copy of your orders showing the overlap. Most courts accommodate this without difficulty because the conflict is easy to document and temporary.
What About Military Spouses
Military spouses and dependents get no special exemption based on a family member’s service. A spouse who gets summoned responds and serves like any other civilian. The general hardship provisions available to all jurors can still help, though. Being the sole caregiver for children while a spouse is deployed, or living far from the court’s jurisdiction because of a military move, are the kinds of personal circumstances courts routinely accept as reasons to defer or excuse jury service.