A petit jury is the group of ordinary citizens who sit through a trial, weigh the evidence, and deliver the verdict. In federal court that means 12 people for criminal cases and usually 6 to 8 for civil cases; state courts sometimes seat 12 for civil trials as well. If a summons just landed in your mailbox, the practical news is that most federal trials wrap up in three to four days, so the time commitment is shorter than people fear.
The name distinguishes it from a grand jury. A grand jury meets in private and only decides whether there is enough probable cause to charge someone. A petit jury is the one that hears the full case in open court and decides the outcome.
What a Petit Jury Decides
The jury’s job is to decide the facts. Witnesses testify, exhibits come in, both sides argue, and the jury figures out what happened. The judge handles every question of law; the jury handles every question of fact. That split is the whole architecture.
In a criminal trial, the jury decides whether the prosecution has proven guilt beyond a reasonable doubt. The standard is deliberately high because a conviction can mean prison. Jurors have to be firmly convinced, not just leaning.
Civil trials use a lower bar. The jury decides whether the plaintiff’s claims are more likely true than not, a standard called preponderance of the evidence. If the plaintiff wins, the jury usually sets the damages too.
Who Can Serve
Federal qualifications are short. You must be a U.S. citizen, at least 18, and a resident of the judicial district for at least a year. You need enough English to follow the proceedings in writing and speech. And you cannot have a felony charge currently pending or a prior felony conviction unless your civil rights have been restored.1United States Courts. Juror Qualifications, Exemptions and Excuses
State courts generally follow similar rules, though residency and language requirements vary. The qualification questionnaire that comes with your summons is how the court confirms you meet the standards. Fill it out honestly. Misrepresenting anything on that form to dodge service carries penalties of its own.
How You Get Picked
Courts build jury pools by pulling names at random from public records, most often voter registration rolls and driver’s license databases. Some districts also draw from tax returns or state ID records. The goal is a pool that represents the community.
If your name comes up, you’ll get a summons in the mail. It’s a court order, not an invitation. It tells you when and where to report and usually includes the qualification questionnaire. When you show up, you join the venire, the larger group of potential jurors from which the trial jury is picked.
Voir Dire
The selection process that narrows the venire down to the final jury is called voir dire. The judge, and sometimes the attorneys, ask potential jurors about their backgrounds, personal experiences, connections to anyone involved, and anything that might make it hard to be impartial. Answer honestly. If you have a tie to the case or a bias you can’t set aside, say so. The court would rather know now than find out mid-trial.
Challenges
After voir dire, each side can strike certain jurors through two kinds of challenges. A challenge for cause is unlimited in number but requires a specific reason, such as a juror admitting they can’t be fair or knowing one of the parties. The judge decides whether the reason holds.
A peremptory challenge lets an attorney remove a juror without stating any reason, but each side gets only a limited number. In federal criminal cases, the defense gets 10 peremptory challenges for felonies and the prosecution gets 6. In capital cases, each side gets 20. For misdemeanors, each side gets 3.2Legal Information Institute. Federal Rules of Criminal Procedure Rule 24 – Trial Jurors
Peremptory challenges have one hard limit: attorneys cannot use them to strike jurors on the basis of race. The Supreme Court established that rule in Batson v. Kentucky, and later decisions extended it to ethnicity and sex.3Justia US Supreme Court Center. Batson v. Kentucky, 476 US 79 (1986)
Getting Out of It (Legitimately)
Not everyone summoned ends up serving. Most federal districts grant a permanent excuse to people over 70 who request one on grounds of hardship or inconvenience.1United States Courts. Juror Qualifications, Exemptions and Excuses
Temporary deferrals exist if the timing creates a genuine hardship. Federal law recognizes several categories: living an unreasonable distance from the courthouse, serious illness or family emergency, or a trial expected to run more than 30 days where your absence would cause severe economic harm to your employer. The court also has discretion to consider other circumstances case by case. A deferral doesn’t erase service; it reschedules it.
The operative word is “hardship,” not “inconvenience.” Jury duty is rarely convenient for anyone. If you need a deferral, request it promptly and in writing, with documentation if you can. Waiting until the morning you were supposed to report is the worst time to ask.
Ignoring the summons entirely is not a cost-free gamble. Under federal law, if you fail to appear, the court can order you to show up and explain. Without a good reason, you face a fine of up to $1,000, up to three days in jail, mandatory community service, or any combination.4Office of the Law Revision Counsel. 28 USC 1866 – Selection and Summoning of Jury Panels The same penalties apply to lying on the qualification questionnaire. Most courts send a follow-up before escalating, but relying on that grace is risky.
A Day in the Jury Box
Your summons will tell you exactly when and where to report, usually a specific courtroom or a central assembly room. Arrive on time. You’ll pass through security similar to an airport, so leave pocket knives and anything prohibited at home. Many courthouses restrict or ban cell phones in the courtroom. Even if you can bring one into the building, expect it to be off or silenced during proceedings, and don’t use it for anything case-related.
The first day often involves a lot of waiting. You may watch an orientation video, fill out paperwork, and sit until your name is called for a specific case. If you aren’t picked, many courts release you under a “one day or one trial” system: you serve one day in the pool, or if selected, for the length of the trial.
How the Trial Unfolds
If you’re seated, the trial follows a predictable sequence. Each side gives an opening statement laying out what the evidence will show. The plaintiff or prosecution presents its witnesses first, followed by the defense. Each side can cross-examine the other’s witnesses. After both sides rest, the attorneys deliver closing arguments. The judge instructs the jury on the applicable law, and deliberations begin.
Most federal trials wrap up in three to four days.5United States Courts. Jury Service: What to Expect When Answering the Call Complex civil cases or serious criminal matters can run longer, but multi-week trials are unusual. If a trial is expected to be lengthy, the court usually mentions that during voir dire so hardship concerns can be raised before you’re seated.
Rules You Have to Follow as a Juror
Once you’re sworn in, you carry real weight. Pay close attention to testimony and evidence. Watch how witnesses behave on the stand; body language, hesitation, and demeanor are all fair game when you later assess credibility. Some judges allow note-taking, but this varies, so wait for instructions.
Do not discuss the case with anyone until deliberations begin. Not with your spouse, not with other jurors over lunch, not in a text message. The temptation is strongest during breaks, but courts are serious about this rule because early conversations can lock jurors into positions before they’ve heard all the evidence.
Stay away from outside information entirely. No Googling the defendant, no checking news coverage, no visiting the scene of an incident, no looking up legal terms on your phone. Jurors have been removed from cases and held in contempt for exactly this kind of independent research. The verdict has to rest on what happens in the courtroom and nothing else.
Follow the judge’s instructions on the law even if you disagree. The jury decides the facts; the judge decides the legal framework. You might think a law is too harsh or too lenient, but applying it as instructed is part of the oath you take when you’re seated.
Reaching a Verdict
After closing arguments and jury instructions, the jury moves to a private room to deliberate. First order of business is choosing a foreperson, who leads the discussion and communicates with the judge if the jury has questions or wants to review exhibits. Any juror can serve as foreperson.
Good deliberations involve genuine discussion, not an immediate vote. Every juror should get a chance to work through their reasoning. If you’re in the minority, don’t fold just because you feel outnumbered. If you’re in the majority, listen seriously to the holdouts. The whole point of multiple jurors is to catch what one person might miss.
Unanimity and Deadlock
Every federal criminal verdict and every state criminal verdict for serious offenses must be unanimous. The Supreme Court settled this in 2020 in Ramos v. Louisiana, striking down the last two states that had allowed convictions on split votes.6Supreme Court of the United States. Ramos v. Louisiana, No. 18-5924 Civil cases in federal court also require a unanimous verdict unless the parties agree otherwise.
If the jury can’t reach agreement after extended deliberation, the judge may deliver an Allen charge, an instruction urging jurors to keep trying while making clear that no one should abandon an honest belief just to end the process. If deliberations stay deadlocked, the result is a hung jury. The judge declares a mistrial, and the case may be retried with an entirely new jury. A hung jury is not a verdict; it just means this group couldn’t agree.
Sequestration
In rare, high-profile cases, the judge may order the jury sequestered, meaning jurors stay together and isolated from outside contact for deliberations or sometimes the whole trial. Sequestered jurors stay in a hotel, eat meals together, and have their media access restricted. It’s uncommon and reserved for situations where the court is genuinely concerned about outside influence or juror safety.
Once the jury reaches a verdict, the foreperson announces it in open court. The judge may ask each juror to confirm the verdict individually, a process called polling the jury. After that, your service is done.
Pay and Job Protection
Federal jurors earn $50 per day of attendance. If a trial stretches beyond 10 days, the judge can increase the daily rate by up to another $10 per day for each day past that threshold.7Office of the Law Revision Counsel. 28 USC 1871 – Fees The court also reimburses travel. If your service requires an overnight stay, the court covers meals and lodging.
State court pay is a different story. Daily rates range from nothing in a few states to around $50, with the national average near $22. Don’t count on state jury pay to replace lost wages.
Federal law prohibits any employer from firing, threatening, or punishing a permanent employee because of federal jury service. An employer who violates this protection faces a civil penalty of up to $5,000 per violation, liability for lost wages and benefits, and a court order to reinstate the employee with full seniority.8Office of the Law Revision Counsel. 28 USC 1875 – Protection of Jurors Employment When you return to work, you are treated as if you were on a leave of absence, with no loss of seniority or benefits.
What federal law does not do is require your employer to pay your regular salary during jury duty.9U.S. Department of Labor. Jury Duty Whether you get paid depends on your employer’s policy, your employment contract, or your state’s laws. A handful of states require employers to pay some or all of a worker’s regular wages during jury service; most don’t.
One exception matters for salaried employees classified as exempt under federal wage rules. Employers cannot dock an exempt employee’s salary for days missed due to jury duty. The employer may offset the $50 daily jury fee against that week’s salary, but the base pay itself must remain intact.10eCFR. 29 CFR 541.602 – Salary Basis If your employer tries to deduct full days from your paycheck because you were in court, that’s worth raising with HR or a labor attorney.