NRS 6.040 | What are the Consequences of Skipping Jury Duty in Nevada?

Jury duty is an important civic responsibility that helps ensure fair and unbiased trials. However, individuals in Nevada may wonder about the consequences of skipping out on this obligation.

In this blog post, ATAC LAW will guide you through the various aspects related to skipping jury duty in Nevada, including the requirements, penalties, hardship excuses, preparation, payment, ineligibility, employer obligations, hindering penalties, jury information, and grand juries.

What are the requirements for jury duty in Nevada?

To serve on a jury in Nevada, certain requirements must be met. According to the Nevada Judiciary, the qualifications to act as jurors include being a U.S. citizen, at least 18 years old, a resident of the county in which the trial will take place, mentally and physically capable of performing jury duties, and able to communicate in English. These requirements ensure that jurors are competent and able to actively participate in the legal proceedings.

Additionally, there are some exemptions from jury service in Nevada. For example, individuals who have served on a jury in the past year, law enforcement personnel, active-duty military members, certain public officials, and individuals over the age of 70 may be exempt from serving on a jury.

To request an exemption based on age, individuals between the ages of 65 and 70+ must file for an age exemption from jury duty, and those over 70 years old are automatically exempt by application via affidavit or as prescribed by the summoning court.

What penalties could I face for missing jury duty?

If individuals fail to show up for jury service in Nevada, they may receive a second summons and be required to attend a “show cause” hearing, as outlined in NRS 6.040. At this hearing, they will have to provide a valid explanation for their absence.

If individuals are unable to provide a satisfactory excuse for missing jury duty at the “show cause” hearing, they may be held in civil contempt by the court and fined $500. Once the fine is paid, they will no longer be considered in contempt of court.

During the “show cause” hearing, it is recommended that individuals bring supporting documents, such as doctor’s notes, to substantiate their excuse for missing jury service. Failure to appear at the hearing can result in a bench warrant being issued for their arrest.

While some individuals may escape penalties for ignoring their jury summons, it is important to understand that it is still a violation of the law. It is always advised that individuals make an effort to attend jury service or inform the court in advance if they are unable to do so.

Are hardship excuses available for skipping jury duty?

Individuals who desire to be excused from jury duty must contact Jury Services and formally request an exemption. Courts typically grant exemptions in the following situations:

• Members of the Nevada Legislature, legislative employees, or employees of the Nevada Legislative Counsel Bureau while the Legislature is in session.
• Police officers.
• Individuals aged 70 or older.
• Individuals aged 65 or older who live a distance of 65 miles or more from the court.
• Individuals with a fictitious address as a protective measure against domestic violence, sexual assault, or stalking (as governed by NRS 217.462 to 217.471).
• Individuals who have already served as jurors on a trial in the current year or the previous year [^4].

In general, courts are inclined to grant requests to postpone jury service in cases of extenuating circumstances, such as illness, the illness or death of a family member, disability, significant hardship, caregiving responsibilities, or circumstances of public necessity.

How do I prepare for jury service?

To get ready for jury service, you must respond to the “summons to appear” sent by the court, which contains detailed instructions. This document includes an information hotline for potential jurors to call, guidelines on what to bring, parking information, and dress code recommendations. Ensure you inform your employer at least three days before your jury duty begins.

Upon receiving the summons, it’s typically advised to visit the court’s website promptly and complete an online survey to check your eligibility for serving on a jury. The website also offers the opportunity to provide a “hardship excuse” if there are reasons hindering your ability to attend.

In state court, jurors can dress in casual attire, excluding items like shorts, tank tops, flip-flops, mini-skirts, sunglasses, hats, or clothing that is overly revealing or has offensive graphics or text. The federal court also permits casual wear but suggests avoiding t-shirts, with business casual attire being the safest choice.

On the eve of your scheduled service, it’s essential to call the information hotline as instructed to confirm if your appearance is still required. Since courts do not offer childcare services, individuals with children need to arrange for their care before starting their jury duty.

What payment can I expect for serving on a jury?

Jurors who are officially sworn in to serve on a trial jury are entitled to receive a per diem payment. In Clark County, the per diem payment is set at $65 per day.

However, it is important to note that prospective jurors who are not selected to serve on a jury and do not get sworn in do not receive any payment, even if they spend an entire day waiting in court.

In certain circumstances, jurors may be eligible for reimbursement of travel and lodging expenses. This means that if you have to travel a significant distance to attend jury duty, or if you need to stay overnight due to the length of the trial, you may be able to request reimbursement for these costs.

What are the penalties for employers who do not accommodate jury duty?

According to NRS 6.190, employers are legally obligated to allow their employees time off work to fulfill their jury duty responsibilities. Employers need to be aware of the following restrictions:

• Employers cannot require employees to use sick leave or vacation time when taking time off for jury duty.
• Employers cannot schedule employees to work within eight hours before the time when the employee is required to appear for jury duty.
• Employers cannot schedule employees to work between 5 p.m. and 3 a.m. on the day following the employee’s jury service if the service lasted for at least four hours, including travel time.
• Failure to comply with these requirements may result in prosecution as a misdemeanor offense, which can lead to a maximum sentence of six months in jail and/or fines of up to $1,000.

Furthermore, employers who terminate or threaten to terminate an employee’s employment due to their absence from jury service may be held criminally liable for a gross misdemeanor as per NRS 6.190.
The penalties for this offense can include up to 364 days in jail and/or fines of up to $2,000. Additionally, the terminated employee has the right to sue the employer and seek the following remedies:

• Compensation for lost wages and benefits resulting from the violation.
• An order of reinstatement without any loss of position, seniority, or benefits.
• Damages in an amount equal to the lost wages and benefits.
• Reasonable attorney’s fees are determined by the court.
• Punitive or exemplary damages of up to $50,000.

It’s important to note that employees are required to notify their employers at least three days in advance before their jury duty begins. Failure to provide such notice may release the employer from criminal or civil liability for not accommodating the employee’s jury duty obligations.

Skipping out on jury duty in Nevada can have serious consequences, including fines and potential legal action. It is vital to understand the requirements, penalties, hardship excuses, and other vital information to fulfill your civic duty. If you have any questions or need legal assistance regarding jury duty obligations and consequences, consult ATAC LAW for expert guidance.