Frequently Asked Jury Questions
Table of Contents
1. Where did you get my name?
2. I received an Initial Notification for Jury Service, Questionnaire and Address Verification, and I am requesting to be excused. Do I still need to complete the juror questionnaire?
3. What if I am physically or mentally unable to serve?
4. My profession doesn’t allow me to be away from work for any period of time. Can I be excused?
5. What if I have vacations, exams, doctor’s appointments or other events scheduled during my term?
6. What is the proper attire for serving on a jury? Are cell phones allowed in the courthouse?
7. When am I supposed to serve on jury duty?
8. How long is my term of service?
9. After I have served a term, when can I be called back to serve again?
10. If I am not selected on a case, what next?
11. What Division do I belong to?
12. Will I ever have to serve in a division other than my own?
13. What fees are paid to jurors?
14. When will I receive payment for my jury service, and will it show a breakdown of the total amount paid to me?
15. Does my employer have to let me off for jury duty?
16. Does my employer have to pay me or at least make up the difference when I serve on a jury?
17. What if I need to prove to my employer that I reported for jury duty?
18. Will I receive a 1099 tax form for jury service?
19. May I travel the day before my reporting date?
20. If I travel, how much will I be paid for reimbursement?
21. What if I have to spend the night at a hotel/motel in the city in which I am to report, but don’t have the money up front?
22. On the first day of jury duty, what happens and how long will I be there?
23. How many days do trials last?
24. Will I ever be required to serve late in the evening or be sequestered?
25. Where do I park?
26. What is the difference between a petit juror and a grand juror?
27. What types of cases will jurors help to decide in federal court?
28. Who should I contact if I have additional questions?
1. Where did you get my name?
The United States District Court for the District of New Mexico randomly selects names from the voter registration lists within the State of New Mexico. Any registered voter is subject to jury service; however, it is not a requirement in other New Mexico courts that you be a registered voter to serve as a juror.
2. I received a Notification for Jury Service, Qualifying Questionnaire and Voir Dire Questionnaire, and I am requesting to be excused. Do I still need to complete the juror questionnaire?
Yes, please complete both Questionnaires and note any reasons why you feel you should be excused on the reverse side of the Voir Dire Questionnaire. If you have moved out of New Mexico, you may fill out only the Qualifications Questionnaire form with your new address and phone number.
If you are 70 years of age or older and wish to be excused, please complete only the Qualification Questionnaire and return it in the enclosed envelope. Your date of birth and signature are also requested for an excuse.
3. What if I am physically or mentally unable to serve?
If you have a mental or physical infirmity which would preclude you from serving, the Jury Division requires a current doctor’s note from your physician indicating that you cannot serve due to your medical condition, whether it be on a permanent or temporary basis. If temporary, the note should indicate the time frame in which you will be unable to serve. Your doctor may fax it directly to the Jury Division at (505) 348-2117, or you may mail it along with your packet in the self-addressed postage paid envelope provided.
4. My profession doesn’t allow me to be away from work for any period of time. Can I be excused?
Having a certain profession does not preclude you from serving as a juror, unless you are a police officer, fire fighter or an elected public official to the United States, state or local government. However, you (not your employer) may submit an excuse to be reviewed by the Court. You will may call the Jury Information Line for an excuse status.
5. What if I have vacations, exams, doctor’s appointments or other events scheduled during my term?
Please advise the Jury Division before being summoned for service, either by calling (505) 348-2070 directly, or in writing. Temporary excuses will be granted.
6. What is the proper attire for serving on a jury? Are cell phones allowed in the courthouse?
Attire should be worn in accordance with the dignity of the Court. Shorts, tank tops and torn jeans are not permitted in the courtroom. Cell phones are allowed in the courthouse, but should be turned OFF while in the courtroom and during jury deliberations.
7. When am I supposed to serve on jury duty?
You will receive a phone call alerting you that you are being summoned approximately one week before you are due to report.
8. How long is my term of service?
Your term of service depends on whether you are a petit juror or a grand juror.
Term of Service for Petit Jurors:
All petit jurors serving in the Northern, Central and Southern Divisions are required to be on call for a period of two months regardless of days served or trials selected for.
Term of Service for Grand Jurors:
If you are a grand juror, the term of service is 12 months with no maximum number of times to report. In most instances, you will be required to report once a month for 1-3 days until your term has expired.
9. After I have served a term, when can I be called back to serve again?
You do not have to serve a second time if you have served as a juror in federal court within the last two years. You will only be excused upon request.
10. If I am not selected on a case, what next?
Upon release from jury service that day, you will be notified by phone regarding your next reporting date.
11. What Division do I belong to?
The United States District Court for the District of New Mexico is comprised of three divisions:
Northern Division
The Northern Division is comprised of the counties of Rio Arriba, Taos, Colfax, Union, Los Alamos, Santa Fe, Mora, Harding, San Miguel, Guadalupe, Quay, De Baca, Curry and Roosevelt Counties.
Court in this Division will primarily be in Santa Fe and rarely Albuquerque.
Central Division
The Central Divsion is comprised of the counties of San Juan, McKinley, Sandoval, Cibola, Bernalillo, Valencia, Torrance and Socorro Counties.
Court in the Central Division is held in Albuquerque at one of two locations: Pete V. Domenici United States Courthouse, 333 Lomas Blvd. NW, or 421 Gold Ave. SW.
Southern Division
The Southern Division is comprised of the counties of Catron, Grant, Sierra, Hidalgo, Luna, Dona Ana, Lincoln, Chaves, Otero, Eddy and Lea Counties.
Court in the Southern Division will primarily be held in Las Cruces and sometimes Roswell.
12. Will I ever have to serve in a division other than my own?
In most instances, petit jurors will only be asked to report to a court location within their division. It is rare when a juror from one division will be asked to report in another division.
Grand Jurors selected from the Northern and Central Divisions will serve in Albuquerque, and Grand Jurors from the Southern Division will serve in Las Cruces.
13. What fees are paid to jurors?
The attendance fee is $40.00 per day. Federal employees are paid an attendance fee only during the days they do not work. Jurors are also reimbursed for their round trip mileage from their home to the courthouse at the current rate of $0.55 per mile. The mileage rate is subject to change.
14. When will I receive payment for my jury service, and will it show a breakdown of the total amount paid to me?
Jury checks are mailed to your home address on Friday, the week after your jury service. Your payment will be sent in the form of a U.S. Treasury check. We do not provide a stub itemizing payment for your days of service.
15. Does my employer have to let me off for jury duty?
Under federal law, employers must allow their employees time off for jury duty. An employee cannot be punished or harassed by their employer for being summoned or for reporting to jury service.
16. Does my employer have to pay me or at least make up the difference when I serve on a jury?
The majority of employers make up the difference between your regular day’s pay and the attendance fee(s) you received for serving. Jury service policies will differ from employer to employer. Check with your Human Resources Department, your personnel handbook, or your supervisor.
If you need to give your employer the court fees you received for serving, you will give your employer the $40.00 attendance fee for each day you were away from work and reported for jury service. The mileage or subsistence that you were paid is a direct reimbursement of your expenses and it is not recoverable by your employer.
17. What if I need to prove to my employer that I reported for jury duty?
Upon request, the Jury Division will furnish you with a Certificate of Attendance stating the date(s) you reported and whether you were paid a $40.00 attendance fee.
18. Will I receive a 1099 tax form for jury service?
A 1099 tax form will be sent to those jurors who have received $600.00 or more in attendance fees only ($40.00/day for service). Per diem and mileage fees are reimbursable costs and do not need to be reported.
19. May I travel the day before my reporting date?
If you live 70 miles or more away from the courthouse, you may travel the evening before you are due to report and spend the night. You will be paid an attendance fee for the day you travel as well as the day you report, plus subsistence which will cover meals and lodging for that night. In some instances, if you live less than 70 miles, this requirement may be waived if you show good reason for having to travel the night before. You must make a request to the Jury Division prior to traveling for permission to waive this rule.
20. If I travel, how much will I be paid for reimbursement?
The subsistence rate for the Northern Division is $145.00; Central Division is $129.00; and the Southern Division is $109.00 per night. These rates are intended to cover meals and lodging, and are also subject to change.
21. What if I need to travel and spend the night, but don’t have the money up front?
If this is the case, contact the Jury Division immediately, and we will make arrangements at a local motel for your stay. However, if the Jury Division makes reservations and pays for your room, you will only be paid the subsistence fee of the following:
Northern Division: $59.00 per night;
Central Division: $49.00 per night; and
Southern Division: $39.00 per night.
When hotel arrangements are made by the court, it will be the juror’s responsibility to cancel the reservation if the case cancels.
If you are able to front the cost of staying at a hotel/motel, you should make your own reservations and pay your own bill. When you make your reservations, please ask if they have special rates for federal jurors. You will be reimbursed the full subsistence rate on your jury check. You do not need to bring your hotel/motel receipts when reporting for jury service.
22. On the first day of jury duty, what happens and how long will I be there?
New potential jurors will receive orientation on their first day and will be sent up to the courtroom for voir dire. Voir dire is a line of questioning by the attorneys and the judge directed to the jurors pertaining to the case at hand. A description of what the case is about and the expected length of the trial will be addressed by the trial judge. If you are selected to serve, you will most likely begin the trial that day. There are no standard trial hours. However, most trials run from 9:00 a.m. until 5:00 p.m. with at least an hour for lunch and breaks approximately every 1-1/2 hours during the trial.
23. How long do trials last?
Jury trials can last anywhere from two days to two weeks in length. The majority of our trials last two to four days, not including deliberation. If a lengthy trial causes a hardship for you, please advise the Court regarding the specific conflict and request an excuse during the voir dire examination.
24. Will I ever be required to serve late in the evening or be sequestered?
Sometimes trials will run into the evening hours. If that happens, you will have ample time to make any necessary arrangements. Sequestration is a possibility, but is very rare. Being sequestered is when the members of a jury are set apart from outside influences during their deliberations. You will be notified ahead of time if sequestration is a probability.
25. Where do I park?
When you receive your initial summons with a reporting date and time, a map, and directions to the respective courthouse to which you are called will be included.
Click here for Albuquerque 333 Lomas map
Click here for Albuquerque 421 Gold map
26. What is the difference between a petit juror and a grand juror?
A petit juror’s function is to determine issues of fact in civil and criminal cases, then reach a verdict in conjunction with those findings. A grand juror’s function is to determine whether the facts and accusations against alleged violator(s) of federal law presented by the United States Attorney warrant an indictment.
27. What types of cases will jurors help to decide in federal court?
Both civil and criminal cases are tried in federal court. Criminal trials consist of juries composed of 12 to 18 jurors and civil trials are composed of 6 to 12 jurors. The number of jurors on a trial has no bearing on the significance of the trial. It is a matter of judicial preference and the desires of both parties to an action.
28. Who should I contact if I have additional questions?
You may call the Jury Division in Albuquerque at (505) 348-2070. If you would prefer to use electronic mail, you may send your questions to Jury_Division@nmcourt.fed.us.
If you are a juror who has been selected for a specific term, you may dial 505-348-2073 or 1-800-240-6366 to reach the Automated Jury Information Line two weeks prior to the term beginning. You will need to have your 9-digit participant number in order to hear further instructions.