Is It Possible To Get Out of Jury Duty in Phoenix, AZ?
July 6, 2023 | Personal Injury
Very few people enjoy receiving a summons for jury duty in Phoenix, AZ. However, most people will be called to jury duty at least once in their life. Under Arizona law, all individuals over the age of 18 years must serve on a jury unless:
- They are not a citizen of the United States; or,
- They are a convicted felon who has not had their civil rights restored.
Therefore, if you want to get out of jury duty in Phoenix, Arizona, you must request to postpone your service or qualify to be excused. You must make your request according to court rules and before any applicable deadlines. Otherwise, your request can be denied.
Postponing or Being Excused from Jury Duty in Phoenix, AZ
You may be able to postpone your jury duty for 60 or 90 days. However, you must request a postponement from the court. You can only request a postponement once.
It is wise to request a postponement as soon as you receive your jury summons. The court must have a specific number of jurors to hold court. As a result, you want to make your request early – before the court reaches its maximum number of postponements for the session.
You may also be excused from jury duty in Phoenix if you meet one of the following criteria:
- You are 75 years old or older
- You have a note from a doctor proving that you suffer from a mental or physical disability that prevents you from serving on a jury
- You have a doctor’s note certifying you have a medical condition or illness that prevents you from serving on a jury
- You cannot understand, read, or write the English language
- You would suffer an extreme financial burden by serving on a jury that would prohibit you from meeting your necessary expenses
- You are an AZPOST-certified active peace officer employed by the State of Arizona or Active Duty Military stationed outside Maricopa County
You must request an exemption through the jury office. It is best to request an excuse from jury duty as soon as possible after receiving the jury notice.
Ignoring a jury subpoena or failing to show up for jury duty can result in contempt of court. Repeatedly failing to show up for jury duty could result in a fine or jail time.
What Is a Juror’s Role in a Phoenix Personal Injury Case?
Juries are used in criminal and civil cases. Personal injury lawsuits are filed in civil court.
Most personal injury cases settle without a lawsuit being filed. Even if the injured party files a personal injury lawsuit, the matter could be settled before going to trial. Nonetheless, a small number of cases go to trial.
Jurors are important in personal injury trials. They are the triers of fact. They hear the evidence and decide what to believe. Based on their assessment of the evidence, they decide whether the defendant (alleged at-fault party) is liable for the plaintiff’s (injured party’s) damages.
The plaintiff has the burden of proving their case by a preponderance of the evidence. They must convince the jurors that there is more than a 50% chance that the defendant caused the plaintiff’s injuries to find for the plaintiff.
If the jurors find the defendant is liable for damages, they determine the amount of damages to award to the plaintiff. The amount of damages depends on the facts of the case, but can include economic and non-economic damages such as:
- Past and future medical bills
- Scarring and disfigurement
- Mental anguish and emotional distress
- Physical pain and suffering
- Lost wages and benefits
- Rehabilitative therapies
- Loss of enjoyment of life
- Out-of-pocket expenses
- Impairments and disabilities
- A decrease in quality of life
- Diminished earning capacity
Defenses the other party raises could decrease the amount of money you receive for a jury verdict. Contributory fault allegations could reduce your compensation by the percentage of fault the jury assigns you for causing your injury.
Is There a Deadline To File a Personal Injury Case in Arizona?
The Arizona statute of limitations sets deadlines for filing personal injury lawsuits. If you miss the deadline, the court can dismiss your lawsuit, and the case never makes it to a jury.
Most personal injury cases have a two-year filing deadline. The time begins with the date of injury.
However, there are exceptions to that rule. Therefore, seeking legal advice from a Phoenix personal injury lawyer as soon as possible after your injury is the best way to protect your right to file a lawsuit and take your case in front of a jury.
Contact an Experienced Phoenix Personal Injury Lawyer for Help With Your Claim
If you were injured in an accident such as a motorcycle, truck, bicycle, or car crash in Phoenix, AZ, and need legal help, contact our Phoenix personal injury attorneys at Curiel & Runion Personal Injury Lawyers to schedule a free case review today.
Curiel & Runion Personal Injury Lawyers
5151 E Broadway Blvd. Suite 1600
Tucson, AZ 85711