You Found the Summons After the Date Passed. Now What?
You are 19 and three weeks into your first semester, two hundred miles from home. Your mom texts a photo of an envelope from the county court that has been sitting under a stack of mail. Inside is a jury summons with your name on it. The report date was last Tuesday. The questions come fast. Is there a warrant? Is this on your record? Do you owe money? In the statutes this article walks through, a missed date starts a paper process — a second notice, a letter, an order to come explain. What happens next depends a great deal on what you do in the next few days. Here is what the law says in federal court and in six states, and what to do.What Happens If You Miss Jury Duty? The Short Answer
- California — Code of Civil Procedure § 209: a juror who does not attend or respond “may be attached and compelled to attend,” and may be found in contempt after a hearing. Instead of contempt, the court may impose sanctions of up to $250 for a first violation, $750 for a second, and $1,500 for a third or later one.
- Texas — Government Code § 62.0141: a contempt action with a fine of $100 to $1,000. Section 62.111 separately sets a fine of $100 to $500 for missing court without reasonable excuse.
- New York — Judiciary Law § 527: a civil penalty of up to $250, after a notice of noncompliance, served in person or by first-class mail, and the chance to ask for a hearing.
- Florida — Fla. Stat. § 40.23: a fine of up to $100 for failing to attend without a sufficient excuse, and the court may also treat it as contempt.
- Illinois — 705 ILCS 305/15: failing to attend without a reasonable excuse is contempt, with a fine of $5 to $100.
- Washington — RCW 2.36.170: intentionally failing to appear is a misdemeanor.
Missed Jury Duty, Situation by Situation
California’s statute shows how many steps can come first: a second summons (no sooner than 90 days after the missed date), then a failure-to-appear notice, and only then an order to show cause. New York’s process starts with a notice of noncompliance. Do not wait for any of that. Call the jury office now and ask for a new date.
Not getting it at all is different. The Texas fine applies to a juror who was “lawfully notified,” and Illinois’s to a person “lawfully summoned.” If the envelope went to an old address, say so in writing, with something that shows where you actually lived, such as a lease or a housing assignment. Then give the court your current address.
Student rules depend on the state. Texas lets high school students and people enrolled and attending college claim an exemption, along with primary caretakers of someone who cannot care for themselves. Florida excuses full-time students ages 18 to 21 who ask. Ohio’s list covers medical conditions and extreme financial hardship. An exemption is something you claim — it does not apply if you say nothing.
Answer in writing by the deadline on the notice, keep a copy, and go to any hearing that is set. Bring proof of your reason — a class schedule, a doctor’s note, mail showing your address — and say you are willing to serve. If the notice mentions contempt or jail, consider talking to a lawyer first.
States have their own laws. Florida bars dismissing an employee over jury service and allows a lawsuit for damages and attorney fees (Fla. Stat. § 40.271). Illinois bars firing, threatening, or coercing an employee over it (705 ILCS 305/4.1). Ohio protects a permanent employee who gave reasonable notice, and bars forcing that employee to use vacation or sick leave (R.C. 2313.19). Pay is a separate question: federal law does not require an employer to pay you during federal jury service, and state rules vary. If money is the problem, ask the court about a hardship excuse. Our guide to whether you can be fired for no reason covers job protections like this.
- Find the summons or notice. Note the court’s name, your juror number, the date you missed, and the jury office’s phone number.
- Contact the jury office the day you realize it, using only the number or website on the summons or the court’s official site.
- Ask for a new date you can keep.
- Write down who you spoke with, when, what they said, and your new date. Ask for confirmation in writing.
- Answer every written notice in writing, by its deadline. Keep a copy.
- If a hearing is set, go. Bring documents that show your reason.
- Give the court your current address so the next notice reaches you.
What to Say When You Call the Jury Office or Go to a Hearing
“My name is ___ and my juror number is ___. I was summoned for [date] and I missed it. I would like to reschedule and find out what I need to do.”
2. If the summons never reached you:“I did not receive the summons. It was mailed to an address where I no longer live. My current address is ___. Can I send you proof and get a new date?”
3. If the new date does not work either:“I am a full-time student and I have exams that week. Could I postpone to [month]? I can send my class schedule.”
4. Before you hang up:“Could you confirm my new date and give me your name? Will I get this in writing?”
5. If you are ordered to a show-cause hearing:“Your Honor, I missed the date because ___. Here is ___ showing that. I am willing to serve on the next available date.”
Keep it short and true. Do not invent a reason: federal law puts willfully misstating facts on the juror qualification form to avoid service under the same penalties as skipping it (28 U.S.C. § 1864(b)), and Texas fines false exemption claims. The clerk needs a name, a juror number, a reason, and a date you will keep.Missed Jury Duty: What a Court Can vs. Can’t Do
✓ A COURT CAN
- Mail you a second summons or a failure-to-appear notice
- Order you to come in and explain why you missed the date
- Fine you within the limit its statute sets — up to $1,000 in federal court
- Order jail or community service where its statute allows — up to three days in federal court
- Still require you to serve after you pay — California’s statute says so directly
✗ A COURT CAN’T
- Go past its statute’s limits — § 1866(g) caps a federal no-show penalty at $1,000 and three days
- Penalize you under the federal statute if you show good cause for missing the date
- Impose California’s money sanctions without notice and an opportunity to be heard
- Enter New York’s civil penalty without first serving a notice of noncompliance
- Require sensitive personal information over the phone or by email — the federal courts say they do not do this
Jury Duty Myths, Busted
Missed Jury Duty Questions People Actually Ask
Tap a question to open it.Can you go to jail for missing jury duty?
Can a warrant be issued for missing jury duty?
What if I never received the jury summons?
What should I do if I already missed my jury duty date?
Can an 18-year-old high school or college student be called for jury duty?
Can my employer fire me for going to jury duty, and do they have to pay me?
What happens if I ignore the juror questionnaire?
Is a phone call saying I owe a fine for missing jury duty real?
Jury Duty: Key Terms, Explained
The Law Behind Missed Jury Duty
These are statutes, not court cases. Each one is linked in Sources.Jury Duty Law That’s Still Moving
- Statutes get rewritten — the current version of Ohio’s excuse statute, R.C. 2313.14, took effect on March 20, 2025. Texas House Bill 2637 took effect on September 1, 2025; it changed how jurors are summoned and how exemptions are recorded, and it left the fine ranges in §§ 62.0141 and 62.111 as they were. Read the current text for your state, not an old summary.
- Juror pay — the federal attendance fee in 28 U.S.C. § 1871 is $50 a day. Congress last raised it, from $40, in 2018, and it changes only when Congress acts.
- Jury duty scams — the federal courts keep a public warning about calls and emails that threaten fines and jail for missed jury service. Check it before you respond to any demand.
The Bottom Line on What Happens If You Miss Jury Duty
A missed jury date is a problem with a clear way out. The court can send another notice, order you to explain, and fine you or hold you in contempt if you have no good reason — up to $1,000 and three days in federal court, with different limits state by state. The process gives you room to respond, and it goes worse for people who stay silent. So call the jury office, ask for a new date, answer every notice in writing, go to any hearing with proof, and do not hand personal information to anyone who phones you demanding a fine. Now you know.Sources
Primary sources:- 28 U.S.C. § 1866 — selection and summoning of jury panels; penalty for failing to appear — law.cornell.edu
- 28 U.S.C. § 1864 — juror qualification form — law.cornell.edu
- 28 U.S.C. § 1865 — qualifications for jury service — law.cornell.edu
- 28 U.S.C. § 1863 — district jury selection plans, excuses and exemptions — law.cornell.edu
- 28 U.S.C. § 1871 — juror fees — law.cornell.edu
- 28 U.S.C. § 1875 — protection of jurors’ employment — law.cornell.edu
- U.S. Courts — Juror Scams — uscourts.gov
- U.S. Courts — Juror Pay — uscourts.gov
- U.S. Courts — Juror Qualifications, Exemptions and Excuses — uscourts.gov
- California Code of Civil Procedure § 209 — law.justia.com
- Texas Government Code § 62.0141 — failure to answer jury summons — law.justia.com
- Texas Government Code § 62.111 — penalty for defaulting jurors — law.justia.com
- Texas Government Code § 62.106 — exemption from jury service — law.justia.com
- Texas H.B. 2637 (89th Legislature, 2025) — enrolled text — capitol.texas.gov
- New York Judiciary Law § 527 — procedure for noncompliance — nysenate.gov
- Florida Statutes § 40.23 — summoning jurors; postponement; failure to attend — leg.state.fl.us
- Florida Statutes § 40.013 — persons disqualified or excused from jury service — leg.state.fl.us
- Florida Statutes § 40.271 — jury service and employment — leg.state.fl.us
- Illinois Jury Act, 705 ILCS 305 — § 15 (failure to attend) and § 4.1 (employment) — law.justia.com
- Ohio Revised Code § 2313.14 — excuse from jury service — codes.ohio.gov
- Ohio Revised Code § 2313.15 — postponement of jury service — codes.ohio.gov
- Ohio Revised Code § 2313.19 — employer may not discharge a juror — codes.ohio.gov
- Revised Code of Washington 2.36.170 — failure of juror to appear — app.leg.wa.gov
LawJustic is for educational purposes only and does not provide legal advice. Jury duty penalties, excuses, and procedures vary by state, county, and court, and they change. If you have received an order to show cause or a notice that mentions contempt, contact the court named on the notice and consider speaking with a licensed attorney. Last reviewed: October 2026.