While jury duty is a civic requirement for all eligible citizens in South Carolina, there are a number of excuses that can be used to legally get out of being required to report for jury selection or jury duty, or receive a deferral.
South Carolina has a list of specific excuses that can be used to be exempt from reporting for jury duty, including excuses for military, elected official, breastfeeding, age, police, medical worker and firefighter. You can also be excused if you don't meet the basic eligibility requirements for jury duty in SC.
Generally, if you qualify for one of the statutory excuses, you can respond to your jury duty summons letter with an excuse note containing proof of your excuse, and you will not have to report for jury selection.
South Carolina has a statutory exemption that allows individuals over a certain age to request exemption from jury duty. Citizens over the age of 65 can be exempt from jury service under this age exception.
Persons over the age of 65 who wish to be excused from jury service may telephone the clerk of court or chief magistrate to confirm date of birth and age.
Students in South Carolina enrolled in high school, technical college or an institution of higher learning may postpone service to a date that does not conflict with the school term.
A mother with the sole custody and duty of care for a child under the age of 7 may be excused from service. No provision clearly states breastfeeding.
Sheriffs are exempt from jury duty in the state of South Carolina.
If a juror is physically or mentally incapable of performing in a reasonable manner the duties of a juror they may not qualify to serve. Medical documentation may be required to be excused.
Persons who are incapable by reason of mental or physical infirmities to render efficient jury service shall be excused.
A prospective juror who a) has legal custody and the duty of care for a child less than seven years of age; or b) is the primary caretaker of a person aged sixty-five or older; or c) is the primary caretaker of a severely disabled person who cannot be left unattended and desires to be excused from jury duty must submit an affidavit to the clerk of court.
Persons with less than a sixth grade education or its equivalent are automatically exempt from service.
Any juror claiming excuse or postponement for reasons other than above shall be placed on the succeeding panel for the next available date and serve as a substitute juror.
A prospective juror may show good and sufficient cause and file an application in the office of the clerk of court for excusal or postponement of service.
Can I Get Excused From Jury Duty Because I Work?
In South Carolina, your employer is not allowed to penalize you for missing work for jury duty. Therefore, simply having a job isn't in itself enough to be excused from jury duty. However, some courts may excuse you if serving on a jury and missing work would cause undue hardship to either yourself or your employer.
Submitting A Jury Duty Excuse Letter
If you do not qualify for any of the South Carolina statutory exemptions listed above but seriously think that attending jury selection would cause you undue hardship, you can always submit a jury duty excuse letter with your response to the summons, and ask to be excused. It will be at the discretion of the court that summoned you whether to accept or deny your excuse.
Remember - A Jury Selection Summons Doesn't Mean You'll Be On A Jury
Keep in mind that your initial jury duty summons is only for attending jury selection day, where it will be decided if you are to actually serve on a jury during the "Voir Dire" process. If you can't get out of attending jury selection, there are many ways to raise the odds that you will be excused after jury selection without being selected to serve on a jury.