Penalties for Failing to Appear for Federal Jury Duty: § 1864

The penalty for missing federal jury duty is a fine of up to $1,000, up to three days in jail, mandatory community service, or any combination of the three. Two federal statutes set these consequences: 28 U.S.C. § 1864(b) covers people who ignore the juror qualification questionnaire, and 28 U.S.C. § 1866(g) covers people who fail to show up for actual jury service.¹² The maximum penalties exist and courts do impose them, but most people who miss a date never face them, because they contact the court and clear things up before the situation escalates.

What the Court Does After You Miss Your Date

When someone fails to appear as directed by a federal jury summons, the district court orders that person to appear immediately and explain why they didn’t comply.¹ This is called a show cause order. It is not a suggestion. If you receive one, you have to appear before a federal judge at the scheduled time to explain your absence.

At that hearing, the burden is on you to show “good cause” for missing your service date. Good cause generally means something outside your control: a medical emergency, a death in the family, or never actually receiving the summons in the mail. Forgetting or being too busy with work will not qualify. The judge weighs your explanation and any evidence you bring, then decides whether to excuse the absence or impose a penalty.

What to Do If You Already Missed Jury Duty

Call the clerk’s office for the federal district court that summoned you, and do it before a show cause order arrives. Courts handle missed appearances all the time, and reaching out first signals good faith. Waiting for the court to come to you is where the real trouble starts.

The court listed on your summons is the one to call. If you no longer have the summons, you can find contact information for any federal court through the Federal Court Finder on uscourts.gov. Explain that you missed your date, ask what the court needs from you, and follow those instructions in writing when possible. Many missed appearances end at this step with a rescheduled service date and no penalty at all.

Fines Up to $1,000

The most common penalty is a monetary fine. Under both § 1864(b) and § 1866(g), a judge who finds your excuse insufficient can fine you up to $1,000.¹ The judge has full discretion within that cap and sets the amount based on the circumstances, including whether you made any effort to contact the court or simply ignored everything.

The $1,000 ceiling has been in the statute for decades and is not adjusted for inflation. The Federal Civil Penalties Inflation Adjustment Act applies to civil penalties assessed by federal agencies, not to penalties set directly by Congress in a quasi-criminal statute like this one.

What Happens If You Don’t Pay the Fine

Ignoring a jury-related fine does not make it disappear. Unpaid fines trigger delinquency and default fees under federal law, and the debt is eventually transferred to the U.S. Department of the Treasury for collection.³ From there, Treasury pursues the debt through private collection agencies, credit bureau reporting, wage garnishment, and tax refund offsets, and adds its own fees on top of the original amount. A $500 fine can grow into a much larger debt once default penalties and collection costs stack up.

Up to Three Days in Jail

Federal judges also have the authority to order up to three days of imprisonment for failing to comply with a jury summons without good cause.² That is the ceiling, not the default. Judges reserve jail time for situations that look like deliberate defiance rather than an honest mistake. Someone who ignores the summons, ignores the show cause order, and then shows up with no explanation is far more likely to see the inside of a cell than someone who simply lost track of the date.

The statute allows a judge to combine penalties, so a person can face both a fine and jail time in the same case. Most federal judges treat the three-day jail provision as a last resort, but the power is real and it does get used.

Community Service

The third option available to a judge is mandatory community service.¹ The statute does not fix a number of hours, leaving that to the court. A judge might impose community service on its own or alongside a fine. The court typically designates where the work must be done and sets a deadline, and you have to provide the clerk with proof that you finished the required hours.

Valid Excuses, Exemptions, and Deferrals

Before assuming you are stuck with a penalty, check whether you qualify for an exemption, a permanent excuse, or a temporary deferral. Three groups are automatically exempt from federal jury service:

Members of the armed forces or National Guard currently on active duty.
Members of professional (not volunteer) fire and police departments.
People elected to public office, or appointed by someone who was, who work full-time in that role.

Most federal district courts also grant permanent excuses to people over age 70, anyone who served on a federal jury within the past two years, and volunteer firefighters or rescue squad members.⁴

If none of those categories fit you, you can still request a temporary deferral based on “undue hardship or extreme inconvenience.” That might cover a pre-planned surgery, a prepaid vacation, caregiving responsibilities, or a financial hardship that jury service would make worse. Each of the 94 federal district courts sets its own policies on deferrals, so contact the specific court listed on your summons. The court’s decision is final and cannot be appealed.⁴

Timing matters. If you have a legitimate reason you cannot serve, contact the court before your reporting date. A request for deferral is treated very differently from a no-show followed by excuses.

Your Employer Cannot Fire You for Serving

Federal law prohibits employers from firing, threatening, intimidating, or retaliating against any permanent employee because of jury service or scheduled jury service.⁵ An employer who violates this protection is liable for lost wages, can be ordered to reinstate the employee, and faces a civil penalty of up to $5,000 per violation. If you are reinstated after being wrongfully fired, the law treats your jury service period as a leave of absence, preserving your seniority and benefits.

If you believe your employer retaliated against you for serving, you can file a claim in the district court where your employer operates, and the court can appoint an attorney to represent you at no cost if your claim has merit.⁵ This protection is one reason “my boss won’t let me go” is not a valid excuse for skipping jury duty.

Watch Out for Jury Duty Scams

Scammers regularly impersonate federal court officials, calling or emailing people to say they missed jury duty and now face immediate arrest unless they pay a fine or hand over personal information. These scams prey on the exact fear this article addresses.

Federal courts do not call or email people to demand payment, threaten prosecution, or ask for Social Security numbers, credit card numbers, or other sensitive information.⁶ Almost all legitimate contact between a federal court and a prospective juror happens through U.S. mail. If a real court employee does call you, they will not ask for financial details or personal identifiers over the phone.

If you get a suspicious call or email about missed jury duty, do not give out any personal information. Hang up or close the message, then contact your local federal court clerk’s office directly to verify whether you actually have a pending summons.⁷

1
Office of the Law Revision Counsel. 28 U.S.C. 1864 – Drawing of Names From the Master Jury Wheel; Completion of Juror Qualification Form
2
Office of the Law Revision Counsel. 28 U.S.C. 1866 – Selection and Summoning of Jury Panels
3
Central Violations Bureau. What Happens if I Don’t Pay the Fine Given to Me at My Court Appearance?
4
United States Courts. Juror Qualifications, Exemptions and Excuses
5
Office of the Law Revision Counsel. 28 U.S.C. 1875 – Protection of Jurors’ Employment
6
United States Courts. Juror Scams
7
United States Courts. Federal Court Scams