A prospective juror is someone who has been summoned to a federal or state courthouse for possible jury duty but has not yet been sworn in to hear a specific case. The label covers you from the moment the summons lands in your mailbox through the final round of questioning in the courtroom. You hold that status until a judge either seats you on a trial or sends you home.
From Summons to Courthouse
Your first contact with the court is usually a juror qualification form. A clerk or judge draws names at random from the court’s master list and mails each selected person the form with instructions to complete and return it within ten days.1Office of the Law Revision Counsel. 28 USC 1864 – Drawing of Names From the Master Jury Wheel The form screens for the basic requirements of service: citizenship, how long you’ve lived in the district, English proficiency, and any pending felony charges or past felony convictions for which your civil rights haven’t been restored.2Office of the Law Revision Counsel. 28 USC 1865 – Qualifications for Jury Service
If anything you write is unclear or incomplete, the court sends the form back for corrections with another ten-day deadline.1Office of the Law Revision Counsel. 28 USC 1864 – Drawing of Names From the Master Jury Wheel Ignore the form entirely and the court can summon you to the courthouse to fill it out in person. Ten minutes and a stamp are easier.
Who Qualifies
Federal courts treat you as qualified unless you fall into one of five categories:
- You are under eighteen, not a U.S. citizen, or have not lived in the judicial district for at least one year.
- You cannot read and write English well enough to complete the qualification form.
- You cannot speak English well enough to take part in proceedings.
- You have a mental or physical condition that would prevent satisfactory service.
- You have a pending charge or a conviction for a crime punishable by more than one year in prison, and your civil rights have not been restored.
All five come from the same federal statute, and a judge or clerk makes the call based on what’s on your form.2Office of the Law Revision Counsel. 28 USC 1865 – Qualifications for Jury Service State courts have their own rules that largely overlap but aren’t identical.
What Happens on the Day You Report
Once you’re found qualified, the court mails a summons telling you when and where to appear. You check in at an assembly room with other prospective jurors and wait. When a courtroom needs a jury, the clerk calls a group forward and seats them in the jury box.
Before any questioning, the panel is sworn to answer truthfully. The questioning itself is called voir dire, and it’s run by the judge, sometimes with attorneys joining in.3U.S. District Court. The Voir Dire Examination The questions aim at anything that could get in the way of a fair verdict: whether you know the parties or witnesses, whether you have strong feelings about the type of case, whether a personal experience might color your judgment. Attorneys will also ask about your work and background to get a feel for how you might weigh the evidence.
When voir dire ends, the jurors chosen for the trial take a second oath from the judge or clerk.4U.S. District Court. The Jurors’ Solemn Oath That oath is the dividing line. Before it, you’re a prospective juror. After it, you’re a trial juror committed to hearing the case through to a verdict. If you aren’t chosen, you’ll usually be released or sent back to the assembly room in case another courtroom needs a panel.
How Prospective Jurors Get Removed
Not everyone who sits through voir dire ends up on the jury. There are three ways out.
Challenges for Cause
Either side can ask the judge to strike a prospective juror for a specific reason, usually obvious bias, a personal connection to someone in the case, or any other circumstance that suggests the juror can’t be impartial.5Office of the Law Revision Counsel. 28 USC 1866 – Selection and Summoning of Jury Panels There’s no limit. If the attorney convinces the judge, the juror is excused.
Peremptory Challenges
Peremptory challenges let attorneys remove a prospective juror without stating a reason. These are capped: three per side in federal civil trials, and larger counts in criminal trials that scale with the seriousness of the charge.6Office of the Law Revision Counsel. 28 USC 1870 – Challenges
The one constitutional limit comes from Batson v. Kentucky, which held that a lawyer cannot use a peremptory challenge to strike a juror because of race.7Justia. Batson v Kentucky, 476 US 79 (1986) Later rulings extended the same rule to gender and other protected characteristics. If the other side suspects a discriminatory strike, the attorney must give a neutral reason for the challenge or lose it.
Hardship Excusals
A judge can excuse a prospective juror who shows undue hardship or extreme inconvenience.5Office of the Law Revision Counsel. 28 USC 1866 – Selection and Summoning of Jury Panels Serious financial strain, a medical condition, or caregiving duties that can’t be moved are the usual grounds. Courts generally want documentation, such as a letter from a doctor or employer, before granting a release.
What If You Just Don’t Show Up
This is where people get into real trouble. Skip a summons without a good reason and the court can order you to appear and explain yourself. Failing to justify the no-show can bring a fine of up to $1,000, up to three days in jail, a community-service order, or some combination of the three.5Office of the Law Revision Counsel. 28 USC 1866 – Selection and Summoning of Jury Panels Judges rarely jail a first-time no-show, but fines and show-cause orders happen all the time. If the date genuinely won’t work, call the clerk before your report date and ask for a postponement.
Pay, Mileage, and Your Job
Federal jurors are paid $50 for each day of service. If a trial runs longer than ten days, the judge can add up to $10 per day for each day beyond the tenth.8Office of the Law Revision Counsel. 28 USC 1871 – Fees The court also reimburses round-trip mileage; as of January 2026, the federal juror rate is 72.5 cents per mile. State pay varies widely and runs lower, in some states as little as $15 a day.
Your job is protected while you serve. An employer cannot fire, threaten, or pressure you because of jury service or a scheduled appearance for service. Violating that rule exposes the employer to liability for your lost wages, possible reinstatement, and a civil penalty of up to $5,000 per violation.9Office of the Law Revision Counsel. 28 USC 1875 – Protection of Jurors Employment If you’re reinstated, your absence counts as a leave of absence, so your seniority and benefits stay intact. Federal law does not require your employer to pay your regular salary while you’re at the courthouse. Whether you get paid jury-duty leave depends on your employer’s policy or, in some places, state law.
How Long You’ll Be There
Most prospective jurors who aren’t placed on a trial finish in a single day. If you are selected, most federal and state trials run about three to seven days, though complex cases can stretch into weeks. When your service wraps up, many courts exempt you from being called again for at least a year.