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DH 's been called for Jury Duty during Cruise


GlenandVal

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In the United States there is a rebuttal presumption that a properly posted letter has been delivered. As such, there will be a threatening follow up letter. Ignore that an a warrant will be issued. If you can then convince the judge you didn't get the letters, then you will be released. However, by then, you will already have spent a night in jail.

 

That doesn't happen in Miami. I know plenty of people who know from experience.

 

Gina

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This happened to me (in Ohio) on our last cruise. I gave them the details and cost of my cruise and asked them to reschedule. No problem at all. The trick is asking for rescheduling, not getting out of it. Of course that's in Ohio, so.... Good luck!

 

That is exactly what DH did last year when he received his notice for jury duty. He called immediately, told them we were scheduled for a vacation, and please reschedule him. They gave him his new date on the spot. No problems.

 

Karen

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Certainly you can explain that you've had this vacation booked for months and cannot cancel without incurring major fees. I'm not even sure jury duty is a covered reason for most travel insurance plans.

 

Jury duty was covered by Travelers Insurance. I was called to report on a Monday and we were scheduled to return from our cruise on that Monday. We got our flights changed to Sunday and the insurance paid for the change fees and price difference. Actually we wanted to fly home on Sunday but the flights were much less expensive on Monday so that is why we booked the Monday flight.

 

When we got back to San Juan we called and found out that I did not have to report on that Monday after all. I did have to go in on Tuesday but was not selected for the jury!!!

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OMG he just opened his mail, he s been called for Jury Duty on January 25, but our cruise on the Marier leaves LA on January 24, OMG OMG OMG it states that the only way he can get out of it is to claim he is mentally incompetent, or if he commits a crime but then no cruise anyways haha

 

I smiled and said perhaps I can crusie alone in our cabin, or with my mom, and my step father and their friend in the other room

 

that could happen,

 

but DH and I are in different rooms ( were told to do this a couple years ago by LA) ( we re both Diamond members

 

anyone know what he can do ?

He needs to respond within 5 days ........

Anyone planning to leave on a cruise who suddenly gets a letter like that would most likely fit the exclusion perameter.

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I googled your dilemma and you'll be happy to know that.... (necessary info in bold)....

 

Exemptions

 

The Jury Act allows some exemptions from jury service based on extraordinary circumstances. Inconvenience is not an acceptable reason for exemption. If you need to seek an exemption, you must prove that you qualify. All requests for exemptions are to be made in writing and submitted with the completed Juror Certification Form. Any such exemption should be made well in advance of the jury selection date.

Some exemptions may be granted through the mail. You must send the necessary information, as described below, to the sheriff’s office at the address shown on the Summons. The sheriff may exempt you if:

 

  • Serving as a juror would cause you extreme hardship. This could apply if, for example, you are a nursing mother, or self-employed and your business would be threatened by your absence.
  • Limited ability to speak or understand English would impede your duty as a juror.
  • Firm travel plans or other vacation plans conflict with the jury selection or trial date.

The link is here: http://www.ag.gov.bc.ca/courts/other/jury_duty.htm#exemptions

 

Moral of the story... enjoy your cruise!!!

 

Travel Guard insurance covers you if you are required to serve on a jury.

 

I was picked for selection and then the judge decided if some wanted to be excused but if you are on a cruise already, then sending them the copy should do it. I was rejected and very happy as it was a month long murder trial.

Also, I thought if you were 65 or older you could be excused in Van.? Or if a Doctor said you were not able to do so.

 

we do have travel insurance for the crusie and flight, and my mom, stepfather and friend have insurance for the crusie but I m not sure for the flight, and we had to cancel a joint crusie 2 years ago and send them on by themselves due to a work conflict, so we really want to go on this crusie, and I got us a middle of the hump cabin

 

DH is 63 so cant that easily get out of it for being over 65 yet, he doesnt mind doing jury duty but not during our cruise

 

and someone at work said he was called but once they heard what he / we do for a living Social support work with people with disabilities (bleeding heart social workers haha) they said youre excused.

 

so I wonder when he is rescheduled will they even want him

 

he used to be a school teacher

 

 

I expect he will get out of it he s asked for a delay hopefully til after February as Im having surgery Feb 23. haha life is complicated

 

 

 

I love hearing all the ideas and comments

 

and feel better that this will be worked out for our cruise

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Anyone planning to leave on a cruise who suddenly gets a letter like that would most likely fit the exclusion perameter.

 

no kidding I was telling my poor Husband Glenn that hey that means I get the cabin all to myself no snoring no sharing bathroom as if there s room l ol

 

I d really want him with me tho despite my having fun with this as a way to handle the unusual stress lol

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I had jury duty on Dec 17...I was all set to go when we got a call that DH mom was not doing well with complications from Alzhimers. We needed to get to IL....ASAP as she was not expected to live.

 

I went directly to the court house, they could not help me and said I had to call the number on my juror form. I did that but they could not help since it was not the day of my service.

 

We are not home yet, so I don't know if I have further mail or instructions for a new date......I do have documation that I attended the funeral....I hope that is enough!

 

***

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OMG he just opened his mail, he s been called for Jury Duty on January 25, but our cruise on the Marier leaves LA on January 24, OMG OMG OMG it states that the only way he can get out of it is to claim he is mentally incompetent, or if he commits a crime but then no cruise anyways haha

 

I smiled and said perhaps I can crusie alone in our cabin, or with my mom, and my step father and their friend in the other room

 

that could happen,

 

but DH and I are in different rooms ( were told to do this a couple years ago by LA) ( we re both Diamond members

 

anyone know what he can do ?

He needs to respond within 5 days ........

I got one of those letters about 20 years ago,I still havnt reported in.The way I see it they cant prove I ever got it.

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I was scheduled for jury duty and was not able to serve the week they wanted me due to a work commitment and all I did was tell them that I would be more than happy to serve but could they reschedue me two weeks later. I received a notice stating that they would do that. When I received a new summons I called the number the day before I was to serve to make sure I had to be there and here my jury group was not needed and we were told that we would be put back into the jury pool and would be called in about 3-4 months.

I am not waiting to hear from them in January or February.

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Two weeks ago I got that same letter (in Ontario). My DD had a dr appointment the day I was scheduled. I called the # on the letter and told them my dilemma. She had me fax my appt letter and 2 hours later I was re-scheduled.

 

Very easy and stress free. As mentioned above I asked to re-schedule, not cancel and they could not have been more helpful.

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In the United States there is a rebuttal presumption that a properly posted letter has been delivered. As such, there will be a threatening follow up letter. Ignore that an a warrant will be issued. If you can then convince the judge you didn't get the letters, then you will be released. However, by then, you will already have spent a night in jail.

 

Actually this IS true. You will not get put in handcuffs. There will be no warrant put out for you. If a letter delivered by the US postal service is not delivered with a signature required, then there is every possibility that it was not delivered at all. No one can prove it was delivered. But once a phone call is made to try to get out of it, they KNOW it was delivered and if they won't reschedule, too bad for the person who called.

 

Gina

After having worked in law enforcement and with the courts for 30 years, I can assure you that you will not be arrested and jailed simply for not showing up for jury duty. Unless you were personally served by an officer of the court or police officer, judges that have any common sense will know letters get lost in the mail, and will be relunctant to jail someone, based only on a presumption.

 

I agree with Gina that once a phone call is made, you have just confirmed receipt of the notice, and if not excused, you will incure the wrath of the judge for not showing up.

 

Good luck with whatever your choice is.

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I'm beginning to wonder if anyone out there has actually served on a jury trial, lol.:D

 

I have - a sexual assault and a murder. I've been called about 3 times since, but due to working in a police with victims in a police department, have been exempted. I'm not exactly unbiased....:rolleyes:

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After having worked in law enforcement and with the courts for 30 years, I can assure you that you will not be arrested and jailed simply for not showing up for jury duty. Unless you were personally served by an officer of the court or police officer, judges that have any common sense will know letters get lost in the mail, and will be relunctant to jail someone, based only on a presumption.

 

I agree with Gina that once a phone call is made, you have just confirmed receipt of the notice, and if not excused, you will incure the wrath of the judge for not showing up.

 

Good luck with whatever your choice is.

 

http://blogs.findlaw.com/blotter/2009/05/missing-jury-duty-what-happens.html

 

One person not likely to ignore another jury summons is Jermaine Dupri, CEO of So So Def Recordings. Dupri recently served a three-day jail sentence in Fayetteville, Georgia for missing jury duty in March 1999. With as much as 80 percent of the population shirking jury duty in some counties, more courts are starting to crack down.

 

http://www.legalzoom.com/legal-articles/Jury-Dodgers-What-really-happens.html

 

Do you really want to chance it?

 

Well my boyfriend is going through that now... he got subpoened to go to court and when he went the judge told him he would have to go to jury duty the following monday and stay there for 8 hours even if he was the only one in the courtroom and then he has to write a 2 page essay on the importance of jury duty and read it to the court and if he doesn't do that he will have to serve 30 days in the county jail... my advice go to your jury duty....... I told him the same thing and look at what he is going through now...

 

The judge can enter a bench warrant to arrest the individual. Then they can impose fines or even jail time. The above is an excellent example of what can happen!

 

http://wiki.answers.com/Q/What_is_the_penalty_for_missing_Jury_Duty

 

A Berrien County man was recently jailed for failing to show up for jury duty.

 

Frank Kirschner says his only crime is being forgetful.

 

Kirschner is a 51-year old self employed manufacturing representative, who has never been in legal trouble before.

 

http://www.wndu.com/home/misc/9769967.html

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Just FYI, the clerk doesn't decide who will serve and who's excuse is legitimate. So thinking you're going to call the courthouse and get excused is to misunderstand the process.

 

Actually, we went through this just yesterday. My husband rec'd notice for jury duty and he was to report Jan. 4th. Except we're going to be cruising that date. He called the Clerk of the Court and explained. All he had to do is agree to be available in February, and fax her proof of our vacation arrangements. She certainly did imply that she handled it all then and there.

 

The judge alone can decide who is and isn't excused. The attorneys will each have a set number of "for cause" dismissals and one or two "peremptory challenges" that the judge may or may not honor. But when you fill out the jury summons response and include a reason "why you may not serve" ... that is just a note that helps the judge know in advance who is coming into the courtroom with a desire to be released.

 

Your husband will have to sit through the voire dire process at least.

 

My husband will be in the warm sun on that day :) I've never heard of anyone having to cancel such a major vacation for jury duty. And I hope I never do! LOL

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As a non us citizen I am a little interested in how this works for most people.

Do they get paid for serving in a jury? Otherwise it would be free work.

Can an employer refuse an employee free time from work to serve?

Here we are paid $14/day. No parking reimbursement.

 

I have been lucky in that all my employers will pay me for the day, I just sign over my pittance of jury pay to them.

 

Employers can do as they like but I doubt the law would allow them to refuse!

 

So many times, I am at jury with some not getting paid, people that many times cannot afford to miss a day of pay. $14 does not cut it, but, it's not feasible to reimburse people for their real pay. I have many times forgone the $14 since I wouldn't be keeping it, and really don't need it. Sure, pay to park, lose time from work, I am certainly "paying" to be there, but, it's the price for living in civilized society.

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As a non us citizen I am a little interested in how this works for most people.

Do they get paid for serving in a jury? Otherwise it would be free work.

Can an employer refuse an employee free time from work to serve?

 

here in BC Canada my husband says we get paid 20 dollars a day and in our union collectiver aggreement it says we can do jury duty without lost of pay but we would need to hand over the jury duty pay.

 

guess we will see first hand how it goes when they reschedule DH

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In Calif, we are paid so much a day plus milage. I don't know if the proceedure of reporting is differant by States, but if I get a summons to report, beginning that Sunday before, I can either call in or check the County Jury Web Site to see if I am to report in that Monday according to my group #. Many times it will tell me to check the following afternoon. This way its not automatic that we report in that day, as they call in by group #'s. I have only served once in all the times I have received a summons. A Murder trial neither my DH or I will be allowed to serve due to personal circumstances.

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In Calif, we are paid so much a day plus milage. I don't know if the proceedure of reporting is differant by States, but if I get a summons to report, beginning that Sunday before, I can either call in or check the County Jury Web Site to see if I am to report in that Monday according to my group #. Many times it will tell me to check the following afternoon. This way its not automatic that we report in that day, as they call in by group #'s. I have only served once in all the times I have received a summons.

Yes, we call day before (presumably it's on website now, but wasn't as of my last summons, you had to call after 3 or 5 pm). also by "group number" or some such.

 

I have had to report every time summoned, only made it to voir dire once, and barely missed being able to serve.

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This has been an interesting discussion, but I want to know:

 

SilverVal (the OP) - have you done anything about this yet?

 

You'll get opinions on this board, but you'll only get the real answer by contacting the court.

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This has been an interesting discussion, but I want to know:

 

SilverVal (the OP) - have you done anything about this yet?

 

You'll get opinions on this board, but you'll only get the real answer by contacting the court.

Yeah, I'd like to know what she has done. I provided the answer from the court in my post complete with link to the court's site. :rolleyes:

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