Montana Jury Duty/ Court Appearance: What you need to know

When needed for a trial, prospective jurors are notified by mail. If a person selected feels that jury service would be an undue hardship, he or she must fill out an Affidavit for Excuse from Jury Service, have its signing witnessed by a notary public, and return it to the court in question. If a citizen is selected twice for a jury pool or actually serves on a jury, he or she may request to be excused from the remainder of the term.
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Excusal from jury duty. A person may be excused from jury duty if he or she is physically or mentally incapacitated, is a mother currently breastfeeding a child, or has a personal obligation to a dependent who is sick, elderly, or has special needs, and comparable substitute care is unavailable. Request for excusal must be made to the jury commissioner and approved by the court indicated on the summons (MT Code Sec. 3-15-313).
Leave. There is no leave provision for private employers, but employees must be excused from work to serve.
Job protection. Montana has no law giving protection to employees called to jury duty. However, the federal Jury Systems Improvement Act applies to state citizens serving on federal juries and states that employers can be sued for terminating or discriminating against employees because of their federal jury service.
Pay issues. State law does not require private employers to pay employees for absences caused by jury duty or court appearances. Although not required to do so, many employers do pay all employees called to jury duty or court appearances, regardless of exempt or nonexempt status, and then have employees turn their jury compensation over to the company.
The prevailing attitude among employers is that an employee summoned to ...

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