Our Charleston criminal defense lawyers represent clients in civil and criminal jury trials. Serving on a jury in South Carolina is an important role in our judicial system, but a jury summons often arrives at an inconvenient time, and many people want to know whether they can be excused, postponed, or exempted.
In this article, we cover who is disqualified from jury duty, who can be excused, how to request an excuse, what happens if you ignore a summons, and what to expect if you serve. So how do you get out of jury duty in South Carolina, and what happens if you don’t show up?
Quick Answer: You cannot simply ignore a jury summons in South Carolina, but you may be able to be excused or have your service postponed. People who are 65 or older may be excused upon request, and certain caregivers may be excused by affidavit. Students and qualifying educators may request postponement. The court decides other excuses, such as medical problems or serious hardship, and failing to appear without a sufficient excuse can bring a civil penalty of up to $100.
Table of Contents
- Can You Get Out of Jury Duty in South Carolina?
- Who Is Disqualified From Jury Duty in South Carolina?
- Can You Be Excused From Jury Duty If You Are 65 or Older?
- Can Parents and Caregivers Be Excused From Jury Duty in South Carolina?
- Can Students and Teachers Postpone Jury Duty in South Carolina?
- How Often Can You Be Called for Jury Duty in South Carolina?
- How Do You Ask to Be Excused From Jury Duty in South Carolina?
- What Happens If You Ignore a Jury Summons in South Carolina?
- Can Your Employer Fire You for Serving on a Jury in South Carolina?
- How Much Does Jury Duty Pay in South Carolina?
- How Are Jurors Selected in South Carolina?
- What If You Receive a Federal Jury Summons in South Carolina?
- Do You Need a Lawyer for a Jury Duty Problem in South Carolina?
Can You Get Out of Jury Duty in South Carolina?
Sometimes. South Carolina law, found in Title 14, Chapter 7 of the South Carolina Code, recognizes several situations where a person summoned for jury duty can be excused, postponed, or disqualified. But you must follow the instructions on your summons and request an excuse or postponement before your reporting date. Simply ignoring the summons is not an option.
It helps to understand the difference between a disqualification, an excuse, and a postponement. A disqualification means you are not legally eligible to serve. An excuse means you are eligible, but the law or the court releases you from service for a recognized reason. A postponement moves your service to a later date. The following table summarizes the most common situations:
| Situation | What You Can Request | How It Works |
|---|---|---|
| You are 65 or older | Excusal upon request | You may be excused by confirming your date of birth and age by telephone with the clerk of court or chief magistrate. |
| You have legal custody of a child under seven | Excusal by affidavit | You submit an affidavit stating that you have legal custody and the duty of care and cannot provide adequate care for the child while performing jury duty. |
| You are the primary caretaker of a person 65 or older or a severely disabled person | Excusal by affidavit | You submit an affidavit stating that you cannot provide adequate care while performing jury duty; the severely disabled person must be unable to care for himself or herself or be left unattended. |
| You are a student or school employee | Postponement | If you qualify and are selected during the school term, you may request postponement to a date that does not conflict with the term and must provide evidence of enrollment, employment, or qualifying educational responsibilities. |
| You served on a jury recently | Excusal based on frequency limits | You generally cannot be required to be drawn and serve more than once every three calendar years, subject to an exception for prior service before a magistrate. |
| You have a medical condition, a disability, or a serious hardship | Excusal or postponement in the court’s discretion | You contact the clerk of court, explain the circumstances, and follow the court’s instructions for documenting your request; the judge decides whether good and sufficient cause exists to excuse a drawn juror. |
Who Is Disqualified From Jury Duty in South Carolina?
Under S.C. Code Section 14-7-810, a person is disqualified from serving on a jury in South Carolina if he or she:
- Has a disqualifying criminal conviction. A person convicted in a state or federal court of record of a crime punishable by imprisonment for more than one year is disqualified unless his or her civil rights have been restored by pardon or amnesty.
- Cannot read, write, speak, or understand English. Jurors must understand the evidence and the judge’s instructions.
- Has a mental or physical infirmity. A person who is incapable of rendering efficient jury service because of a mental or physical infirmity is disqualified. Legal blindness alone does not disqualify a person.
- Has less than a sixth-grade education or its equivalent.
In addition, jurors generally must be United States citizens, at least 18 years old, and residents of the county where they are summoned. If you believe you are disqualified, tell the clerk of court as soon as possible. If questioned by the judge, hearing officer, or clerk, a person who knows or has good reason to suspect a disqualification must disclose the facts or reasons for that suspicion.
Can You Be Excused From Jury Duty If You Are 65 or Older?
Yes. Under S.C. Code Section 14-7-840, a person who is 65 years of age or older may be excused from jury duty upon request. You may request the excuse by telephone by confirming your date of birth and age with the clerk of court or chief magistrate. This exemption does not disqualify you from service, so someone 65 or older who wants to serve may still do so.
Can Parents and Caregivers Be Excused From Jury Duty in South Carolina?
Yes. Under S.C. Code Section 14-7-860, a person who has legal custody and the duty of care for a child under seven years old may request to be excused by submitting an affidavit to the clerk of court.
The same is true for a person who is the primary caretaker of a person who is 65 or older or a severely disabled person who cannot care for himself or herself or be left unattended. The affidavit must state that you cannot provide adequate care for the child or person while performing jury duty. If you meet the statutory requirements, the presiding judge must excuse you.
Can Students and Teachers Postpone Jury Duty in South Carolina?
Yes. Under S.C. Code Section 14-7-845, a student enrolled in high school or an institution of higher learning, including a technical college, who is selected during the school term may request postponement to a date that does not conflict with the term.
Qualifying public or private school employees, instructors at institutions of higher learning, and people primarily responsible for a child’s elementary or secondary education in a home or charter school may also request postponement. You must provide evidence of your enrollment, employment, or qualifying educational responsibilities during the school term. This allows eligible students and educators to serve at a time that does not conflict with the school term.
How Often Can You Be Called for Jury Duty in South Carolina?
Under S.C. Code Section 14-7-850, no person is required to be drawn and serve as a juror in any court more often than once every three calendar years, and no person may serve as a juror more than once in a calendar year. However, prior service before a magistrate does not exempt you from service in another court. If you are summoned again after serving, contact the clerk of court and explain when and where you last served.
How Do You Ask to Be Excused From Jury Duty in South Carolina?
The process varies by county, so start by reading your summons carefully. In general, you should:
- Contact the clerk of court promptly. Your summons will tell you which clerk’s office to contact and the deadline to request an excuse or postponement.
- State the reason for your request. Explain whether you are disqualified, are entitled to an excuse, or need a postponement.
- Provide documentation. For a medical excuse, follow the court’s instructions for providing medical documentation. For a caregiver excuse, provide the required affidavit. For a student or school employee postponement, provide proof of enrollment, employment, or qualifying educational responsibilities.
- Confirm the decision. Do not assume you are excused until the clerk or court confirms it.
- Appear if you are not excused. If your request is denied, you must appear as directed. You can raise hardship concerns with the judge during jury selection.
If you are excused for a temporary reason, your name may be placed on a later jury panel, so you may be summoned again in the future.
What Happens If You Ignore a Jury Summons in South Carolina?
Under S.C. Code Section 14-7-1390, a person who is duly drawn and summoned for jury duty and fails to attend without a sufficient excuse must pay a civil penalty of up to $100, imposed by the court that summoned the person. The following table summarizes the likely results of the choices you make after receiving a summons:
| What You Do | Likely Result |
|---|---|
| Request an excuse or postponement before your reporting date | The clerk or court processes your request, and you should confirm whether you must appear. |
| Appear as summoned | You may be selected for a jury or released after jury selection. |
| Fail to appear without a sufficient excuse | A court-imposed civil penalty of up to $100. |
| Lie about your qualifications or circumstances | Possible contempt of court or other penalties. |
The safest approach is always to contact the clerk of court before your reporting date if you cannot serve.
Can Your Employer Fire You for Serving on a Jury in South Carolina?
No. Under S.C. Code Section 41-1-70, an employer who dismisses or demotes an employee because the employee serves on a jury or complies with a valid subpoena to testify can be sued in circuit court for damages caused by the dismissal or demotion. Damages for a dismissal are limited to one year’s salary, or 52 weeks of wages based on a 40-hour week, at the rate the employee was earning when he or she received the subpoena. Damages for a demotion are limited to the difference in pay for one year.
South Carolina law does not require private employers to pay your regular wages while you serve on a jury, although some employers do so by policy. Check with your employer and give them a copy of your summons as soon as you receive it.
How Much Does Jury Duty Pay in South Carolina?
Juror pay in South Carolina is modest and varies by county. Jurors serving in circuit court receive a daily payment and mileage for travel to and from the courthouse under S.C. Code Section 14-7-1370; the statutory rates vary by county. Check with the clerk of court in the county where you are summoned for the amount applicable to your service.
How Are Jurors Selected in South Carolina?
Under S.C. Code Section 14-7-130, the list of potential jurors is created by merging the county’s registered voters with eligible county residents who have a valid South Carolina driver’s license or identification card issued by the Department of Motor Vehicles. That is why you can receive a summons even if you are not registered to vote.
When you report for service, you will be part of a jury pool. Before a trial begins, the judge and the lawyers ask potential jurors questions in a process called voir dire to find out whether they can be fair and impartial. A juror may be excused for cause if, for example, a relationship with a party or witness or a preexisting opinion prevents the juror from being fair and impartial. The lawyers may also use a limited number of peremptory strikes to remove jurors without stating a reason, although a strike cannot be based on race or gender.
Jurors are essential to a fair trial. If you serve, you will see firsthand how the judge manages the courtroom, which we discuss in our article on how to deal with a difficult judge.
What If You Receive a Federal Jury Summons in South Carolina?
A summons from the United States District Court for the District of South Carolina is governed by federal law and the court’s own jury plan, not by South Carolina’s jury statutes. The federal court has its own excuses and procedures, so follow the instructions on the federal summons and contact the federal jury office if you need to be excused or postponed.
Do You Need a Lawyer for a Jury Duty Problem in South Carolina?
You can resolve most jury duty questions by contacting the clerk of court. But if you have been fined or ordered to appear for missing jury duty, if your employer fired or demoted you because you served on a jury, or if you are facing trial and want to understand how jury selection will affect your case, a lawyer can help. The attorneys at Futeral & Nelson have tried cases before juries in Charleston, Mount Pleasant, North Charleston, Summerville, and throughout the Lowcountry since 2003. Call us at 843-284-5500 to discuss your situation.
