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SD jury duty


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we're full timers from Minnehaha county SD, a couple years ago my wife got picked for jury duty, she called the phone number on the letter after telling them we are full timers they said to send a copy of the RV registration and she'd be excused. I friend, also SD FT'r, recently got called for jury duty and was told being a full timer doesn't excuse you anymore, at least in Minnehaha county. 

does anyone know if this is a county thing or the entire state? 

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3 hours ago, Larry Burkett said:

They cannot force you to come home to serve jury duty. 

I wonder if that's true? Can you show a source for that? I was under the impression they could issue a warrant for failure to show up or be excused.

Linda

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That is true, but it doesn't say anywhere that they can force you to come home to serve.

This is all I could find.

16-13-34Notice to jurors drawn for circuit court panel--Return of acceptance of service.

Unless processed electronically, after the panel or panels of jurors have been drawn, the clerk of courts shall mail to each juror, at least sixty days prior to the time the juror is to serve, a notice that such person has been drawn as a juror.

The notice shall state the time and place the juror shall serve and shall have attached thereto an acceptance of service to be signed by each juror. There shall also be enclosed with the notice a stamped envelope addressed to the clerk of courts for the return of the acceptance of service. Each juror shall sign the acceptance of service of the notice, answer any questionnaires enclosed with the acceptance, and mail it to the clerk of courts or respond electronically using the court's juror website within ten days after receipt.

 

Source: SL 1911, ch 229; RC 1919, § 5295; SDC 1939 & Supp 1960, § 32.1015; SL 1982, ch 172, § 21; SL 1983, ch 163, § 5; SL 1992, ch 153, § 17; SL 2003, ch 118, § 11.

16-13-35. Service by sheriff on circuit court juror failing to return acceptance of service--Fees deducted from juror's compensation.

If any juror residing in the county shall fail, neglect, or refuse to sign the acceptance of service provided in § 16-13-34 and to mail such acceptance to the clerk of courts within fifteen days after service of the notice on said juror, the notice shall be served on such juror by the sheriff. The amount of the sheriff's fees shall be endorsed on the notice with the return of the sheriff, and the amount of such fees shall be paid by such juror and shall be deducted by the clerk of courts from the compensation the juror would be entitled to receive for his attendance before the court.

Source: SL 1911, ch 229, § 1; RC 1919, § 5295; SDC 1939 & Supp 1960, § 32.1015; SL 1982, ch 172, § 22.

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Jury service is governened by state laws in most situations and the penalty for failing to report varies. In some states a bench warrant is issued and others carry fines ranging from $50 to $1000. It also varies in how agressive the enforcement of the jury calls is. If you do an internet search you will find some interesting reading. Since the subject of the thread is SD, the quote above comes from the SD legslature website.

The SD federal court site states the following:

Quote

Title 28 United States Code §§ 1864(b) and 1866(g) of the Jury Act provides, “Any person summoned for jury service who fails to appear as directed shall be ordered by the District Court to appear forthwith and show cause for his/her failure to comply with the summons. Any person who fails to comply with the summons may be fined not more than $1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof”

In either case, the issuance of a warrant would probably depend upon the court and the judge. If the judge issues a fine there is a good chance a warrant for arrest will follow. 

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But how do they know you received the summons to be on a Jury. It is not sent certified. There is no proof that you received it. Notice of Due Process to prosecute you for not responding requires proof that you did receive the summons.

 

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A few years ago a friend who held dual citizenship was using our address as her stateside home as she did stay with us when in the states. Well, our local court sent a jury summons, which I notified her of. She a letter back to the court saying that she was out of the country and could not be there. The court was quite insistent so she called the Clerk of the Court, explained that she was out of the country but would be more than happy to comply if they would send her the air fare. She was excused and removed from the roles.

Did they have to? Was it the right thing to do? Yes. I think in above circumstance it may be an underling and not the person at the top, which is where you need to appeal the decision. I mean it does not even have to be an RVer in this position. It could be someone working for a company that sent them out of state to accomplish their job. 

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  • 2 weeks later...

Some states will only let you delay, up to a year, and sometimes let you pick the day...but you can't get out of it.

my daughter was living in Indiana at college and got a summons from MI, her home state. She didn't own a car and was too young to rent one. The court would only let her delay, not get excused. I had to fly to Indiana and drive her up to Michigan so she could serve. 
dumb.

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