Delaware Jury Duty Laws: Pay, Excusals and Employer Rules

Delaware state-court jury service is governed by chapter 45 of Title 10 of the Delaware Code and the Superior Court's Petit Jury Plan, with the qualifications in 10 Del. C. § 4509. Jurors receive a $20 per diem that the statute calls a reimbursement for travel, parking and other out-of-pocket expenses, not wages, and jurors whose term is one day or one trial get nothing for the first day (§ 4514(a)).

Your employer may not fire, threaten or coerce you because of jury service, and a fired employee has 90 days to sue in Superior Court (§ 4515). People over 70 are not automatically exempt; they may ask to be excused through the jury questionnaire.

Information last verified on October 7, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This page covers jury service in Delaware state courts, administered through the Superior Court's Jury Services offices in each county. A summons from the federal court in Delaware follows federal law, summarized on our jury duty laws by state hub.

Do you have to go? The short answer

Yes, unless you are disqualified or the court excuses or defers you. Under 10 Del. C. § 4511(b), a person who is not disqualified "may be excused from jury service by the Court only upon a showing of undue hardship, extreme inconvenience or public necessity."

The statute lets the court decide that membership in certain groups or occupations is such a showing, and the Superior Court has listed those groups (below). Every one of them works on request through the qualification questionnaire; none is automatic. To sort out which route fits before you contact the court, try our jury duty exemption checker.

Who can serve on a jury in Delaware

Under 10 Del. C. § 4509(b), "All persons are qualified for jury service except those who are":

• not citizens of the United States;
• less than 18 years of age;
• not residents of the county of prospective jury service;
• unable to read, speak and understand the English language;
• incapable, by reason of physical or mental disability, of rendering satisfactory jury service; or
• convicted felons who have not had their civil rights restored.

A prospective juror may be required to submit proof of a possible disqualification, "including a physician's or Christian Science Practitioner's certificate" (§ 4509(c)). The Superior Court's FAQ adds that green-card holders may not serve and should return the questionnaire with a copy of the card, and a person who has moved out of Delaware must send proof of current residency (Delaware Superior Court, Questions Jurors Ask).

Names are drawn at random. The court says it "is unable to accept volunteer jurors because, by Delaware law, jurors' names must be randomly selected from the Motor Vehicle, Voter Registration and State ID lists."

Felony convictions

The jury statute disqualifies convicted felons only until their civil rights are restored. Chapter 45 does not say how civil rights are restored. Delaware's pardon statute does: an unconditional pardon by the Governor fully restores civil rights, which "include, but are not limited to, the right to vote, the right to serve on a jury if selected" (11 Del. C. § 4364).

For related context only: Delaware's Constitution removes the felony disqualification from voting "upon being pardoned, or after the expiration of the sentence, whichever may first occur," with exceptions for certain offenses (Del. Const. art. V, § 2(b)). Apart from the pardon statute, no source we opened says jury eligibility returns when a sentence expires. If you have a felony record and a summons, answer the questionnaire truthfully and ask Jury Services or a Delaware lawyer whether you are eligible.

Excusals and postponements in Delaware

The Superior Court's current FAQ says: "Membership in the following groups or occupational classes constitutes a showing of undue hardship, extreme inconvenience or public necessity." To be excused for any of them, the court says you must complete the Qualification Questionnaire.

The Superior Court's Petit Jury Plan (order of March 5, 2014) lists two groups the current FAQ leaves out: "essential health care providers" and the "Reserve Forces of the United States." If you fall in one of those groups, raise it on your questionnaire and the court will decide.

An excusal under § 4511(b) lasts "for a period the Court deems necessary, at the conclusion of which the person shall reappear for jury service in accordance with the Court's direction." It is not a permanent release unless the court says so.

Over 70: an excuse you must ask for

Delaware has no maximum age in its disqualification list, and being over 70 does not remove you automatically. The court says: "If you are requesting to be excused due to age, please send a copy of your completed Qualification Questionnaire and a copy of your Driver's License to Jury Services." The FAQ's wording is "over 70," so a person who is exactly 70 is not covered on its face.

Breastfeeding mothers

Section 4511(b) says: "Women who are currently breastfeeding a child shall be excused from jury service for at least 1 year." Neither the statute nor the court's pages say how to ask or what documentation is needed, so raise it on your questionnaire or contact Jury Services.

Military service members and the Delaware State Defense Force

Active full-time members of the U.S. armed services or the Delaware State National Guard may ask to be excused under the court's list above. Separately, under 20 Del. C. § 308(b), "Every officer and enlisted member of the Delaware State Defenses Forces shall, during active state service, be exempt from service upon any posse comitatus and from jury duty."

Federal law also says an active-duty member of the armed forces may not be required to serve on a state or local jury if the member's branch Secretary determines that service would unreasonably interfere with military duties or adversely affect unit readiness, and that determination is conclusive (10 U.S.C. § 982). It is a decision by the Secretary, not an automatic exemption.

Documentation the court asks for

The Superior Court's excusal and postponement page says: "Medical requests must be accompanied by a doctor's note that details your condition. Employment deferments must be accompanied by a letter from your supervisor. If you have moved out of state, you must submit a copy of your new driver's license for that state." The same page says business owners may submit a business license and students may submit a class schedule or other enrollment verification.

Postponing your service

In place of an excusal, "service may be deferred for a period the Court deems necessary," and the service of anyone temporarily living out of state for business or educational purposes is deferred until the person returns (Petit Jury Plan § 7).

Through the online juror system, a juror who has not been postponed before can use "Request Schedule Change" for a one-time date change. The court says the option cannot be used "within 5 days of your scheduled Jury Service"; contact Jury Services instead. Requests for an excusal or a longer postponement go in the serious-hardships box of the online questionnaire, with documentation, and the court replies by U.S. mail. Until you receive a written excusal, the court says to follow the reporting instructions on your summons.

How much does jury duty pay in Delaware?

10 Del. C. § 4514(a) says: "Jurors shall be paid a per diem rate of $20 which shall serve as a daily allowance for reimbursement for travel, parking and other out-of-pocket expenses. An employer shall not consider the reimbursement described in this subsection as pay. Jurors whose term of service is 1 day or 1 trial shall not receive reimbursement for the first day of service."

The court says reimbursement arrives about two weeks after service and that it needs your Social Security number to pay you. The State pays the per diem, which the court certifies for payment by the State Treasurer (§ 4514(b)). We found no mileage rate in the statute or the court's pages; the $20 allowance is meant to cover travel.

Delaware employer rules for jury duty

Job protection

Under 10 Del. C. § 4515(a), "An employer shall not deprive an employee of employment, or threaten or otherwise coerce the employee with respect thereto, because the employee receives a summons, responds thereto, serves as a juror or attends Court for prospective jury service."

The section has no minimum employer size, no part-time exclusion and no advance-notice requirement. Telling your employer early is still sensible, and you can call the Jury Services office to request a work certification of your service dates and hours.

Does your employer have to pay you?

Delaware's jury statute does not require private employers to keep paying your wages while you serve; chapter 45 has no wage-continuation provision. The Superior Court's President Judge says only that "Employers who promote jury service by not interrupting their employees' pay for temporary absences deserve special praise from the community" (Superior Court, Message to Jurors).

Chapter 45 also has no rule on requiring you to use vacation or sick leave and none on shift scheduling. Public employees are treated differently. Delaware public school employees may be absent without loss of pay to report for jury service, but must tell their building administrator in advance and provide a copy of the jury notice (14 Del. C. § 1318(f)(2)). State merit-system employees are excused from work with pay for jury service and must return to work within a reasonable time afterward (Merit Rule 5.5.2). County and municipal employees should check their own personnel rules.

Penalties and your 90-day deadline

Under § 4515(b), an employer who violates subsection (a) "is guilty of criminal contempt and upon conviction may be fined not more than $500 or imprisoned not more than 6 months, or both."

Under § 4515(c), "If an employer discharges an employee in violation of subsection (a) of this section, the employee may file a civil action in Superior Court within 90 days for recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. An employee who prevails shall be allowed a reasonable attorney's fee fixed by the Court." The Superior Court has original and exclusive jurisdiction over violations of the chapter (§ 4517).

The 90-day civil action covers discharge. If you were fired, talk to a Delaware employment lawyer promptly. For how this fits with other limits on firing, see our page on Delaware at-will employment laws.

What happens if you miss jury duty in Delaware

The Superior Court describes an escalating process: "If you fail to appear for Jury Duty, you'll receive a postcard in the mail telling you that you missed your summons date and that you should call the Court immediately. If you fail to appear a second time, the Court may have a Deputy Sheriff serve a summons upon you at your home. If you fail to appear a third time, a Deputy Sheriff may serve you with a Rule to Show Cause Petition."

The show-cause hearing is before a Superior Court judge, and the court says a civil capias may issue if you miss that hearing. Under 10 Del. C. § 4516, a person who fails to appear and show cause as ordered, for not completing the qualification form when directed or for not complying with a summons or completing service, "is guilty of criminal contempt and upon conviction may be fined not more than $100 or imprisoned not more than 3 days, or both."

Delaware's Criminal Code also makes intentional refusal to serve as a juror, and a selected juror's intentional and unexcused failure to attend the trial, criminal contempt, a class A misdemeanor punishable by up to 1 year in prison and a fine up to $2,300 (11 Del. C. §§ 1271, 4206).

The qualification form also carries a declaration that your answers are true and an acknowledgement "that a false statement therein may be punished by a fine or imprisonment, or both" (§ 4508(b)). Chapter 45 states no amount for that.

How long jury duty lasts in Delaware

"The term of service in each county shall be determined by the judges resident in the county" (Petit Jury Plan § 9). The court says, "In New Castle County, jurors serve for the length of one day, or one trial" (Superior Court, Jury Services). In Kent and Sussex Counties, the court's FAQ describes a two-week term.

How often you can be called comes from the court, not the statute: "Jurors who have completed their term of service do not have to serve again for a minimum of two years." If you get another summons within two years, note when you served on the questionnaire and ask to be excused because of previous service. The court's Jury Basics page says a federal summons within two years of Superior Court service may also be excused.

Grand juries are a different size by county: 15 members in New Castle County, with 9 votes needed for an indictment, and 10 members in Kent and Sussex, with 7 votes needed (10 Del. C. § 4505).

How to respond to a Delaware jury summons

1. Watch the mail. The court says a summons "is mailed approximately 1 month before you are scheduled to appear" (Superior Court, Jury Basics).
2. Complete the Juror Qualification Questionnaire for the county where you live, online through the court's jury service pages or on the paper copy, but not both. The Jury Basics page asks you to return the paper form within 3 days of receiving it.
3. Put any excusal or long postponement request in the serious-hardships section with documentation, or use the one-time "Request Schedule Change" option if it appears in your menu.
4. Contact your county's Jury Services office with questions. The court's FAQ lists New Castle 302-255-0824, Kent 302-735-1900 ext. 58021 and Sussex 302-855-7055; use the number printed on your summons if it differs.

Watch for jury duty scam calls

The Superior Court has warned that "no one with Superior Court, jury services, Delaware State Police, or other law enforcement agencies would ever make such threats of immediate arrest or demand immediate payment or request electronic payment. Delaware's courts always notify Delawareans about their obligations by mail, never by telephone" (Superior Court phone-scam warning, October 2023).

Our guide to government impersonation scams explains how these schemes work, and our page on Delaware scam and fraud laws covers where to report.

Disclaimer: This page is general legal information about Delaware state-court jury service, not legal advice. The court that summoned you decides every excusal and postponement request. Information verified October 7, 2026. For questions about your summons, contact the Jury Services office listed on it; for an employment dispute, consult a lawyer licensed in Delaware.

Related pages

• Jury duty laws by state
• Delaware at-will employment laws
• Delaware court records
• Delaware scam and fraud laws
• Maryland jury duty laws
• Pennsylvania jury duty laws

Last updated: October 7, 2026.

Frequently Asked Questions

How much does jury duty pay in Delaware?

Delaware pays a $20 per diem that the statute calls a reimbursement for travel, parking and out-of-pocket expenses, not wages (10 Del. C. § 4514(a)). Jurors whose term is one day or one trial, as in New Castle County, get nothing for the first day; Kent and Sussex jurors get $20 for every day they report.

Can I get out of jury duty in Delaware if I am over 70?

You may ask to be excused. The Superior Court lists being over 70 as a group that shows hardship, and it asks for your completed questionnaire plus a copy of your driver's license. It is not automatic.

Does my employer have to pay me for jury duty in Delaware?

Delaware's jury statute does not require private employers to pay your wages during jury service, and an employer may not count the $20 per diem as pay (10 Del. C. § 4514(a)). Public school employees (14 Del. C. § 1318(f)(2)) and state merit employees (Merit Rule 5.5.2) get paid leave for jury service; county and municipal employees should check their own rules.

Can I be fired for jury duty in Delaware?

No. 10 Del. C. § 4515 bars an employer from depriving you of employment, threatening or coercing you because of jury service. A discharged employee may sue in Superior Court within 90 days for lost wages, reinstatement and a reasonable attorney's fee.

Is there a breastfeeding exemption for jury duty in Delaware?

Yes. Women who are currently breastfeeding a child shall be excused from jury service for at least one year (10 Del. C. § 4511(b)). Raise it on your questionnaire or with Jury Services.

Can I postpone jury duty in Delaware?

If you have not been postponed before, the online juror system offers a one-time 'Request Schedule Change,' which cannot be used within 5 days of your service date. Longer postponements are requested with documentation and decided by the court.

What happens if I miss jury duty in Delaware?

The court first sends a postcard, may then have a deputy sheriff serve a summons, and may then serve a Rule to Show Cause. Failing to appear and show cause as ordered is criminal contempt, punishable by a fine up to $100, up to 3 days in jail, or both (10 Del. C. § 4516). Intentionally refusing to serve, or intentionally skipping without excuse a trial you were chosen for, is a class A misdemeanor (11 Del. C. § 1271).

How often can you be called for jury duty in Delaware?

The Superior Court says jurors who complete their term do not have to serve again for at least two years. If summoned sooner, note your prior service on the questionnaire and ask to be excused.

Can a felon serve on a jury in Delaware?

10 Del. C. § 4509(b) disqualifies convicted felons who have not had their civil rights restored. An unconditional pardon from the Governor restores the right to serve on a jury (11 Del. C. § 4364). If you have not been pardoned, ask Jury Services or a Delaware lawyer about your situation.