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30th Sep 2013

Q: It is impossible for me economically to serve on a jury at this time.  Is that going to get me out?  S.Z., Long Beach

A:  Undue hardship is described in California Rules of Court 2.1008.
One of the bases is that the potential juror will suffer an extreme
financial burden which will compromise his or her ability to support him or
herself, or his or her dependents.  Financial burden means you are the
only source of income for the household, in addition to your being
self-employed.  The work you do must be described, as well as how jury
service will cause a loss of income and/or negatively affect the operation of
the business, and further why the negative impact cannot be avoided by simply
postponing jury service to a subsequent date.  There is an alternative
basis: You are the sole source of household income, and you work for a business
who does not pay for jury duty.  This latter option requires a note from
the employer which sets forth its jury duty policy, and that the employee will
lose all salary, commission or wages during jury service.  Undue hardship
can be challenging to demonstrate.

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSesq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.

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