Chapter 3 - § 3.3 EXCUSE FROM SERVICE

• Jurisdiction: Colorado

§ 3.3 EXCUSE FROM SERVICE

Colorado

➢ Excuse; Undue Hardship. The court may excuse an individual from jury service upon a finding of extreme or undue hardship. C.R.S. §§ 13-71-119 and -119.5.

➢ "Undue Hardship"; General. A person may not be excused from jury service for reasons other than those provided by statute if such a person is otherwise qualified for jury service. People v. District Court, 667 P.2d 1384, 1388-89 (Colo. 1983).

➢ Hardship; Extended Trials. If a trial is expected to last more than three days, the juror may be excused from that trial upon a finding of hardship or inconvenience. C.R.S. § 13-71-121.

➢ "Undue Hardship"; Special Circumstances. Mere allegations that a person is a student, is over 60 and has medical problems, or will incur vacation hardships does not satisfy the "undue hardship" requirement. People v. Rodriguez, 914 P.2d 230, 262 (Colo. 1996).

➢ "Undue Hardship"; Financial Burden. A finding of financial burden may constitute an "undue" financial hardship. Cerrone v. People, 900 P.2d 45, 55 (Colo. 1995).

➢ "Undue Hardship"; Care of Disabled Person. Sole responsibility for the daily care of a permanently disabled person living in the same household may excuse a person from jury service if such service would cause a substantial risk of injury to the health of the disabled person. C.R.S. § 13-71-105(2)(d). Although sole responsibility for the care of a disabled person falls within the statutory provisions relating to qualifications for jury service, this "qualification" fits more into the category of excuses from service than it does in the category of qualifications for jury service. If the juror is excused on a temporary basis, then the juror will become eligible for jury service once the temporary excuse expires. C.R.S. § 13-71-119.5.
➢ Excuse; Emergency. A juror participating in jury deliberation may be excused only after a hearing and only upon a finding of an emergency or another compelling reason. C.R.S. § 13-71-119(3).

➢ Excuse; Recent Previous or Future Scheduled Jury Service. Selection and service as an impaneled juror in any court within the past 12 months or being scheduled for juror service within the next 12 months provides an excuse from service. C.R.S. § 13-71-105(2)(f).

➢ Excuse; Residence Outside County. Residence outside the county with no intention of returning to the county anytime during the succeeding 12 months is an excuse from service. C.R.S. § 13-71-105(2)(e).

Federal

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