Montana Jury Duty/ Court Appearance laws & HR compliance analysis

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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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 serve on a jury or to testify has a civic obligation to do so and that it is the company's responsibility to support the fulfillment of that obligation. This is achieved by protecting the employee from loss of income and by making the necessary arrangements to cover for him or her during the required absence.
This is not to say that problems won't arise when an individual is kept out of work for weeks at a time, or when an ...

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