Jury Duty

"Move" to Florida?

Not an option right now. It will be in a few months..

I haven’t had this experience with regards to travel, and I don’t remember my travel insurance policies making references to jury duty. But I have deferred jury duty because of work obligations. In my area, you can defer once for almost any reason. But the next summons comes in exactly six months (in my experience) and you don’t have the option to defer again. Does South Dakota have any specific policies like this? It could be a matter of being inconvenienced now, or being inconvenienced later.

Frank, if you’re able to call, I would contact the clerk of courts in the county where you were notified and ask them what the process is and what your chances are of getting an extension. Every county and every state is going to be different with how they handle requests for jury extensions, so you’re not going to know from advice given here what you should do.

Usually the county clerk is the one who knows what’s going on and can possibly direct you to the office of the jury, but you can at least ask them what they know.

Oh I just saw that it was the US District Court. So it wouldn’t be the county, you would contact that particular district and talk to the clerk of courts there.

For what it’s worth, I have deferred jury duty because I was going to be out of the country before. But eventually I had to serve, and again, every jurisdiction is different so you really won’t know until you talk to someone there.

Though it sounds like you have already provided your request to be excused, I would also call and speak with a human about this. In SD you probably have a better chance of actually reaching a person than you might in a larger jurisdiction. I'd ask if you can send documentation of your travel plans ahead of time which could help with the decision review.

I'd also contact your travel insurer. I believe most policies would consider jury duty for trip cancellation reimbursement because it is a legal obligation but the timing and details are important.

A quick review on internet shows that while rescheduling seems very possible, actually being excused from duty completely is not unless you have a medical exemption.

“Please note that the court does not have a provision that allows prospective jurors to opt out of serving permanently due to employment and/or financial hardships. You may request a postponement to serve at a later time that works better for you (typically up to six months out), however, if you say that you can never serve, your request to be permanently excused will not be granted. In other words, we are willing to work with you by offering another date that will enable you to serve. ”

In Massachusetts, you can also defer for one year, once also. In addition, I don't know how old you are, but you can also opt out at 70 years old. I don't know your age, but you may want to check the age requirement for opting out for SD US District court. Even though it is US District, I believe the age still varies by state.

Last year I received a summons for Illinois Circuit Court jury duty beginning the day I was arriving in London. I called and immediately received an exemption, but was told I would be required to report next time. The clerk offered to schedule me for the following month so I could get it over with.

See if you can find any Facebook groups for other SD nomads that have received summons.

Take a look at your insurance policy. The insurance policy I've been purchasing includes jury duty as a covered reason for trip cancellation and trip interruption.

I also wondered about the age exemption (over 70 in Minnesota) but it's over 80 in South Dakota.

Are you sure you won't be notified if they accept your excuse? I'd call them on Monday and see what you can work out.
Maybe they will let you serve in 2027, and you can plan an extended trip to South Dakota.

Did you get the Sioux Falls location?

Has anyone else had to deal with jury duty notice during planned travel?

I have postponed jury duty due to conflicts. Can you just reply that you are out of the country from x date until y date and would like to postpone?

can you offer to join by zoom?

This is really interesting. If the state has a "Full time Traveler" category, presumably this issue has come up before for some of your fellow travelers. I wonder if the state allows you to pre-schedule a timeframe to serve? For you, being unable due to travel would be kind of a permanent situation, whereas for most of the rest of us, we could likely be excused on a one-time basis. Please let us know how this works out for you.

This is really interesting. If the state has a "Full time Traveler" category, presumably this issue has come up before for some of your fellow travelers.

It's very easy to establish residency in South Dakota. A one night stay, a visit to the DMV, and you are pretty much set. Full-time RVers do it to save money on taxes which is why there are a lot of nice rigs in campgrounds with SD plates even though the owners have never lived in the state.

If the state has a "Full time Traveler" category, presumably this issue has come up before for some of your fellow travelers. I wonder if the state allows you to pre-schedule a timeframe so serve?

The 'problem' is Frank ll has been summoned by US District Court in South Dakota., not a State court. They may not care about the 'Full time traveler' category and give it special treatment.

Citizenship has rights and responsibilities.

The form I filled out specifically said you can not arrange for a deferrment or excuse via telephone. It can only be done by sending in the eligibility form.

What I'm hoping is that I will be excused this time. If not, I will call and ask if I can defer to a later date.

Considering I don't actually reside in South Dakota--only on paper--it would mean having to stay in Sioux Falls for the two month availability period required by the court. That would mean hotel and rental car. I mentioned this on the form I had to submit.

They also stated that if accepted, I would receive notification 1-2 weeks prior to my initial date of availability.

I guess I just have to wait and see what happens.

This is Federal Jury duty. They play differently and like people to show up unless excused. Definitely talk to the court clerk and see what they have to say. Being available means that they may call at any time and see if you can come over for a possible jury duty. Of course you get paid every day you show up. I have been there, done that and got the t-shirt.

Considering I don't actually reside in South Dakota

But you do. Thats the whole purpose of the arrangment there. I wouldnt use that excuse. I would say that you are traveling. Pretty darn inconvenient. I guess some day I may have to deal with it too. Well maybe. I can legitimately say I am not a resident. Interesting. Let me know how it works out. I have seen photos of the Federal Jury Prisons, they dont look nice.

You said you always live in hotels, so having to pay for one in Sioux Falls isn't a good excuse.

As Mr. E stated, as far as the US government is concerned your legal residence is South Dakota. You may get excused this time. But you really should look at the future. With privileges come responsibilities.

We've been looking into this also. And the legal repercussions are a concern for us.

This is a known issue and generally excused without a problem. Nomads are not unique. On the form write something like "I am a full-time traveler and an early retiree with legal domicile in South Dakota. But I have no physical residence and/or property in the state or apartment (or whatever your case may be). I am currently traveling extensively overseas. Flying back to South Dakota to report to the courthouse would constitute an extreme financial hardship." A boater friend knows several folks who have done this.

Happy travels.

With privileges come responsibilities.

Well said. Besides the Juror prison scares me.

David...thatt's basically what I wrote but different wording.

Mr. E....there is no juror prison. I believe it's a fine. However, I'm concerned about following all the rules so it doesn't affect my Global Entry.

I had an issue more than 15 years ago with a county jury summons. I was traveling and so they accepted that and said next time I would have to appear. The next time I was in the hospital. Nope, didnt matter. They wanted me. I politely told them no and asked what they would do. They said they would never call me again. Well, okay ???

If you want to maintain your integrity you may have to show up. I suspect that if you told them you moved, they arent going to ask for proof. They cant put you in Juror prison for more than 18 months ... worst case.

In my life experience, I have found that federal court clerks are "horsier" than state and county clerks who work for elected officials at any level.

Please keep us updated as the saga continues.

You can be jailed for failing to appear for federal jury duty, but not for long and it’s unlikely. Relevant statute is 28 USC 1866. If you don’t appear in response to a summons you are likely to get an order to appear before the court and show good cause. Not complying with that can get you up to 3 days imprisonment, community service, and/or a fine of up to $5,000 (statute says $1,000, but another provision on fine levels overrides old references like 1866 with higher amounts). Looks like you haven’t actually received a summons yet, just notice that you may get one during that time period. I think whether the court spends any effort to chase down an unwilling juror depends entirely on the attitude of the judge handling the proceeding for which the juror didn’t appear, and his or her clerk of court. I’m assuming this notice is for petit jury service, that is, normal trial jury. If it was for grand jury service that can potentially be a much more significant time commitment.

What do you mean by 'horsier?" They offer rides? Have long faces?

I can't tell them I moved. I would lose my SD drivers license.

In my life experience, I have found that federal court clerks are "horsier" than state and county clerks who work for elected officials at any level.

On the first day when we met in the jury pool room, the clerk said that if had not shown up they would have sent a deputy Federal Marshal to find you.

I would plan on enjoying South Dakota in September and October.

You said you always live in hotels, so having to pay for one in Sioux Falls isn't a good excuse.

This comment above makes sense to me. That you would have to pay for housing and transportation in SD is no excuse...

I recently was summoned for jury duty, first time in my life to be summoned. I am 69 years old, within 6 months of turning 70. This is not federal, but local county jury duty - at age 70, I would have been free and clear to claim the age exemption. Medically, the only exemption I may have been able to claim, was deemed insufficient. So I went in, and as luck had it, I was not seated for the trial.

Frank II, I am sure you have googled this issue to death, the guidelines for federal jury duty and "travel plans" exemptions are surely uniform around the country. My guess is you will have to be present and available for this, but I would dig deep to find examples of people who have been excused, or granted, an exemption for pre-planned travel during that period. That would have worked as an exemption in my situation, but I had no such plans in place.

But even if you get advance notice that you are deferred from being available in this time period, you should assume that they will summon you again in the near future. If it were me, I would do what you have done: submit the request, and see what is said. You may get granted an exemption, or not. Ultimately, you have to decide that you will return to SD to be in place and get this behind you. I would not want a federal warrant for my arrest issued, flagged the next time I returned to the US...

So go, for now, and be prepared to return for Sept 1. That is how I would approach it.

I doubt they would send a federal marshall to Scotland to get me. (Especially since he has no jurisdiction in Scotland.)

Here is the plan.....I sent in my questionairre and requested exemption at this time due to travel, not being in the country, and not having a physical residence anywhere in the state of South Dakota.

All I can do is wait. If I hear nothing, I have been excused. (I have a feeling they will get in touch with me to prove I am actually out of the country. That's not a problem.)

If I hear that I have not been excused, I will call the court and see if I can get it postponed until I have returned.

If that doesn't work, then I will make plans to return.

I am not going to do anything right now until I hear from the court.

I hope it works out for you Frank. In my personal experience with federal district courts i found that a willingness to serve at a later date goes a long way to being temporarily excused.

What do you mean by 'horsier?" They offer rides? Have long faces?

Thanks, Frank II. Now I have an image of federal court clerks offering piggyback rides to unwitting members of the public. When I say a person is "horsey", I mean someone who so strictly follows the rules it feels like bullying.