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Montana Jury Duty Laws: Pay, Age 75 Excuse and Employer Rules

Independently fact-checkedBy Recording Law Editorial Team21 min read

Independently fact-checked against primary sources (last audited October 7, 2026). · 30 primary sources cited on this page. How we verify our legal content

Montana Jury Duty Laws: Pay, Age 75 Excuse and Employer Rules

Montana state-court jury service is governed by Title 3, chapter 15 of the Montana Code Annotated. Every qualified citizen has "an obligation to serve on juries upon being summoned for jury duty, unless excused" (Mont. Code Ann. § 3-15-301).

Jurors are paid $12 a day plus mileage, and $13 more per day once selected for a case (Mont. Code Ann. § 3-15-201). Since 2025, a person 75 or older who asks must be excused. Montana's jury chapter does not contain an employer job-protection or pay rule for private-sector workers.

Information last verified on October 6, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This page covers jury service in Montana state courts, including district courts and courts of limited jurisdiction. A summons from the U.S. District Court for the District of Montana follows federal law, summarized on our jury duty laws by state hub.

Do you have to serve? The short answer

Yes, if you are qualified, unless the court excuses you. Montana has no list of automatic exemptions. Every excuse in the jury statute, including the age-75 excuse, depends on your request or on a finding by the court or jury commissioner.

To see which route might fit your situation before you contact the court, try our jury duty exemption checker.

Notice versus summons

Montana uses two steps. The Montana Judicial Branch explains that a jury notice means you are in the jury pool and do not need to appear unless you later receive a summons, while a summons requires you to report on the listed dates (Montana Judicial Branch, Juror Information).

A 2025 law, HB 194, revised how notices and summonses work. It applies to jury pools noticed on or after May 1, 2026 (HB 194, Ch. 428, L. 2025).

Who can serve on a jury in Montana

Under Mont. Code Ann. § 3-15-301, a person is competent to act as a juror if the person is:

  • 18 years of age or older;
  • a resident for at least 30 days of the state and of the city, town or county in which the person is called; and
  • a citizen of the United States.

The section sets no English-language requirement, no capacity test and no maximum age. The jury list is built by combining the Secretary of State's list of registered active electors with the driver's license list, with duplicates removed (Mont. Code Ann. § 3-15-402).

Felony convictions

Mont. Code Ann. § 3-15-303 says a person is not competent to act as a juror "who has been convicted of malfeasance in office or any felony or other high crime." The jury section itself sets no time limit and names no way to restore eligibility.

Montana's constitution provides that "Full rights are restored by termination of state supervision for any offense against the state" (Mont. Const. art. II, § 28(2)). Separately, Montana's general civil-rights statute says that, except as the Montana constitution provides, a person whose sentence has expired or who has been pardoned "is restored to all civil rights and full citizenship" (Mont. Code Ann. § 46-18-801(2)). Together these provisions indicate that a person whose Montana sentence and state supervision have ended regains civil rights, but the sources we reviewed do not apply them to the jury rule in § 3-15-303, and the constitutional clause speaks only of offenses "against the state," so it may not reach federal or other-state convictions. If you have a felony record and receive a notice or summons, answer truthfully and ask the clerk of court or a Montana lawyer whether you are eligible.

Exemptions, excuses and postponements in Montana

Montana's main excuse section is Mont. Code Ann. § 3-15-313.

SituationHow it worksCite
Age 75 or olderThe court or jury commissioner shall excuse you on your requestMont. Code Ann. 3-15-313(5)
Undue hardship for you, a dependent, or the public you serveCourt shall excuse on finding undue hardship; you file an affidavitMont. Code Ann. 3-15-313(1)-(2)
Breastfeeding mother, or caregiver for a sick, aged or special-needs dependentExcuse may be granted (court decides) when substitute care is unavailable or impractical without undue economic hardshipMont. Code Ann. 3-15-313(1)
Chronic incapacity from illness or injuryMay be permanently excused; affidavit with physician's certificationMont. Code Ann. 3-15-313(3)-(4)
One day or one trial, where the district has adopted itExcused for the rest of the year after one day unselected or one completed trialMont. Code Ann. 3-15-501(3)-(4)

Age: the 75-and-over excuse

"On the request of a person who is 75 years of age or older, the court or the jury commissioner shall excuse the person from jury service" (Mont. Code Ann. § 3-15-313(5)). SB 137 added this subsection in 2025, effective on passage and approval (SB 137, Ch. 175, L. 2025).

The excuse is not automatic: you have to ask. The statute does not say whether one request covers future years, so if you are called again you may need to ask again. We found no other age-based excuse in the jury chapter.

Undue hardship

The court, or the jury commissioner with the court's approval, "shall excuse a person from jury service on finding that jury service would entail undue hardship for the person, a dependent of the person, or the public served by the person" (Mont. Code Ann. 3-15-313(1)). The statute does not define undue hardship, so the court decides whether your facts meet it.

To ask, you may send an affidavit to the jury commissioner for the court that summoned you, stating your occupation or other facts you believe should excuse you (Mont. Code Ann. 3-15-313(2)). The Judicial Branch calls this an Affidavit of Excusal and warns that "Excusals are not guaranteed and may be denied."

Caregivers and breastfeeding mothers

Under § 3-15-313(1), "An excuse may be granted if the prospective juror is a breastfeeding mother or otherwise has a personal obligation to provide actual and necessary care to another, including a sick, aged, or special needs dependent." The care must be one the dependent needs from you personally, and comparable substitute care must be unavailable or impractical without undue economic hardship.

The word is "may," so the court has discretion.

Chronic illness or injury

A person who is chronically incapacitated by illness or injury may request a permanent exclusion by sending an affidavit to the jury commissioner where the person lives, with a physician's certification (Mont. Code Ann. 3-15-313(3)). The statute defines chronic incapacity as being unable to leave home without supportive devices, special transportation or another person's help, or a condition where leaving home is medically contraindicated (Mont. Code Ann. 3-15-313(4)). The court may then permanently excuse the person.

Students, military members and other groups

Montana's jury qualification and excuse sections (§§ 3-15-301 through 3-15-313) contain no separate excuse category for students, military members, first responders, public officials or people who live far from the courthouse. A person in one of those groups may ask for an undue-hardship excuse under § 3-15-313. Montana's military affairs title (Title 10 of the Montana Code) contains no provision on jury service, so it gives National Guard members no state jury exemption.

Federal law separately 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).

Postponing your service

The jury chapter, Title 3, chapter 15, contains no statutory postponement provision; the former postponement section, § 3-15-314, was repealed in 1981. Rescheduling is up to the court, usually through the same excuse request. Some counties publish their own forms; Gallatin County, for example, has an online juror confirmation form with a section for asking to be excused from a specific summons date (Gallatin County, Jury).

One day or one trial

The judges of a district may designate jury service there on a "one-day or one-trial" basis. Each juror is then "excused for the rest of the year after having attended for 1 day and not having been selected to serve at the trial of a particular cause or after having completed service at a trial" (Mont. Code Ann. § 3-15-501(3)).

This applies only where the district has adopted it, and jurors excused this way may be called back if there are not enough unexcused jurors (Mont. Code Ann. 3-15-501(4)). Ask the clerk whether your district uses it.

How much does jury duty pay in Montana?

Montana sets one statewide rate. Under Mont. Code Ann. § 3-15-201(1), "A grand or trial jury panel member must receive $12 per day for attendance before any court of record and a mileage allowance, as provided in 2-18-503, for traveling each way between the member's residence and the court. Those jurors selected from the panel for a case must receive an additional $13 a day while serving."

SituationPayCite
Report as a panel member, not selected$12 per day plus mileageMont. Code Ann. 3-15-201(1)
Selected from the panel for a case$12 plus an additional $13, or $25 per day, plus mileageMont. Code Ann. 3-15-201(1)
Courts not of record (justice and city courts) and coroner inquestsSame $12 and $13 structure plus mileageMont. Code Ann. 3-15-203
Excused on your own motion on the first day, or a special juror not swornPer diem and mileage forfeitedMont. Code Ann. 3-15-201(2)

The Montana Judicial Branch states the same figures: "$12.00 + mileage" if you report but are not selected, and "$25.00/day + mileage" if selected. Under Mont. Code Ann. § 2-18-503(3), jurors who drive their own vehicles are paid mileage at the IRS mileage rate for the current year, computed by the shortest traveled route (Mont. Code Ann. 3-15-204(1)).

Montana jury duty: folded bills and coins on a counter beside a receipt

Jurors are paid by county warrant listing the days of attendance, miles traveled and amount due, and the state reimburses the clerk (Mont. Code Ann. § 3-15-204). In civil cases in courts not of record, the party demanding the jury pays the fees, which are taxed as costs against the losing party (Mont. Code Ann. 3-15-203(2)).

Montana employer rules for jury duty

What our research found, and where it looked

Montana's jury chapter does not include an employer provision. Our research searched these parts of the Montana Code section by section for the words jury and juror: the jury chapter (Title 3, chapter 15), all of Title 39 (labor), Title 49 (human rights), Title 45, chapter 7 (offenses against public administration), Title 2, chapter 18 (public employee compensation and leave), Title 20, chapter 4 (school personnel) and Title 10 (military affairs). In those titles and chapters it found no provision specific to jury service that bars an employer from firing, disciplining, threatening or coercing a private-sector employee, requires an employer to keep paying wages, or bars an employer from making an employee use leave.

Montana jury duty: closed notebook and pen on a table by a window

The only jury-related employment rule it found, § 2-18-619 (below), covers public employees. That finding covers only those statutes, not administrative rules or court decisions. Federal law, a union contract or your employer's own written policy may still give you rights, so check them.

Montana's Wrongful Discharge From Employment Act

Montana's general rule on firing is the Wrongful Discharge From Employment Act. Under Mont. Code Ann. § 39-2-904(1), a discharge is wrongful only if:

  • it was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy;
  • it was not for good cause and the employee had completed the employer's probationary period;
  • the employer materially violated an express provision of its own written personnel policy; or
  • the employer fired the employee solely for the employee's legal expression of free speech.

"Public policy" means a policy concerning public health, safety or welfare established by constitutional provision, statute or administrative rule (Mont. Code Ann. § 39-2-903(8)). The Act lists no ground specific to jury service, and no source we reviewed says whether firing someone for jury service counts as public-policy retaliation. During a probationary period, an employer may end employment for any reason or no reason on notice (Mont. Code Ann. 39-2-904(2)). The Act does not apply to employees covered by a written collective bargaining agreement or a written contract for a specific term (Mont. Code Ann. § 39-2-912(1)(b)); those employees look to their contract.

If a discharge is wrongful, the employee may be awarded lost wages and fringe benefits for up to 4 years from the date of discharge, with interest, less interim earnings. Punitive damages are available only on clear and convincing evidence of actual fraud or actual malice in a public-policy retaliation discharge (Mont. Code Ann. § 39-2-905). A wrongful discharge action must be filed within 1 year after the date of discharge, and if your employer has written internal appeal procedures you generally must use them first (Mont. Code Ann. § 39-2-911), so talk to a Montana employment lawyer promptly. For more on how the Act works, see our page on Montana at-will employment laws.

Pay during jury duty

Montana's jury statutes do not require private employers to pay you while you serve. For state and local government employees, Montana's leave-time law, Mont. Code Ann. § 2-18-619, says an employee under summons must collect the juror fees and forward them to the employer's accounting office, where they "must be applied against the amount due the employee from the employer." An employee who elects to use annual leave for jury service may keep the juror fees, and expense and mileage allowances need not be remitted. This rule does not cover elected officials, schoolteachers or community-college instructional staff, who are excluded from the definition of employee (Mont. Code Ann. § 2-18-601(6)).

The same section lets a public employer ask the court to excuse employees "if they are needed for the proper operation of a unit of state or local government" (Mont. Code Ann. 2-18-619(3)). State, school and local government employees should also check their own leave rules and contracts.

What happens if you miss jury duty in Montana

If you do not respond to a summons

For jury pools noticed on or after May 1, 2026, Mont. Code Ann. § 3-15-501(6)-(9) sets out the process:

  1. The clerk of court first tries to contact you by telephone or other electronic communication.
  2. If you still do not respond, the clerk certifies the failure to the sheriff, who "shall make reasonable efforts to require the person to appear on the date required by the summons."
  3. Reasonable efforts means any two of the listed actions, such as publishing a list of nonresponders, contacting you by phone or electronic message, posting notice, personal service, or first-class mail.

If you fail to attend

Under Mont. Code Ann. § 3-15-321, "Any juror summoned who willfully and without reasonable excuse fails to attend may be attached and compelled to attend. The court may impose a fine not exceeding $50, upon which execution may issue."

If you were not personally served, the fine cannot be imposed until the court issues an order to show cause and gives you a chance to be heard. The court may for good cause remit, modify or refund a fine. A fine does not end your obligation to serve, since the court may still compel attendance. The Judicial Branch adds that failing to appear without an approved excuse "can result in legal penalties."

Separately, knowingly and purposely failing to obey any mandate, process or notice relative to juries issued under the jury chapter is criminal contempt, punishable by a fine of up to $500, up to 6 months in county jail, or both (Mont. Code Ann. § 45-7-309).

How long jury duty lasts in Montana

Montana jurors are noticed for a pool term, not a fixed number of days. Under Mont. Code Ann. § 3-15-411, the persons noticed "must serve for 1 year and until other persons are selected and returned unless they are excused." Jurors drawn before a new list is returned may continue for up to 90 days, and a jury seated for a trial serves until the court discharges it, even past one year.

A name may not appear on the combined jury list for more than one court during a 1-year term (Mont. Code Ann. 3-15-402). The Judicial Branch notes that trials "may last one day or extend for several weeks."

How to respond to a Montana jury summons

There is no single statewide online juror portal. The Judicial Branch says "Each court operates slightly differently, so the local instructions always take priority."

  1. Read whether you received a notice (you are in the pool) or a summons (you must report).
  2. Complete any questionnaire the clerk sends. In Gallatin County, for example, the clerk asks jurors to complete an online questionnaire within 10 days of receiving the annual notice.
  3. To ask to be excused, including the age-75 excuse, submit an Affidavit of Excusal following the instructions on your summons. Include a physician's certification if you are asking for a permanent exclusion for chronic incapacity.
  4. Treat your report date as firm until the court tells you the request was granted.

Watch for jury duty scam calls

Montana's county clerks warn about jury scams. Gallatin County's clerk says: "THE CLERK'S OFFICE AND LAW ENFORCEMENT WILL NEVER CALL JURORS TO DEMAND PAYMENT FOR FAILURE TO REPORT FOR JURY DUTY OR FAILURE TO RESPOND TO A SUMMONS FOR JURY DUTY." Yellowstone County's clerk says court and jury staff will never call or email asking for Social Security numbers, credit card numbers or other sensitive information, and will never ask for money over the phone (Yellowstone County Clerk of District Court).

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

Disclaimer: This page is general legal information about Montana state-court jury service, not legal advice. The court that summoned you decides every excuse request. Information verified October 6, 2026. For questions about your notice or summons, contact the clerk of court listed on it; for an employment dispute, consult a lawyer licensed in Montana.

Last updated: October 6, 2026.

Frequently Asked Questions

How much does jury duty pay in Montana?

Montana jurors receive $12 per day for attendance plus a mileage allowance, and jurors selected from the panel for a case receive an additional $13 a day, for $25 a day (Mont. Code Ann. 3-15-201(1)).

Can I get out of jury duty in Montana if I am over 75?

Yes, if you ask. On the request of a person 75 or older, the court or jury commissioner shall excuse the person (Mont. Code Ann. 3-15-313(5), added in 2025). It is not automatic.

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

Montana's jury statutes do not require private employers to pay you. Most state and local government employees forward juror fees to the employer, where they are applied against pay due, unless they use annual leave (Mont. Code Ann. 2-18-619).

Can I be fired for jury duty in Montana?

In the Montana Code titles and chapters our research searched, including the jury chapter and all of Title 39 (labor), Montana has no statute specific to jury service that bars firing a private-sector employee. The general Wrongful Discharge From Employment Act (Mont. Code Ann. 39-2-904) may apply, for example to a discharge without good cause after probation, unless you are covered by a written union contract or a contract for a specific term (Mont. Code Ann. 39-2-912), so talk to a Montana employment lawyer.

How do I get excused from jury duty in Montana?

Submit an Affidavit of Excusal following the instructions on your summons. The court shall excuse you on finding undue hardship for you, a dependent or the public you serve (Mont. Code Ann. 3-15-313), but excusals are not guaranteed.

What happens if I ignore a jury summons in Montana?

The clerk will try to contact you and may then certify the failure to the sheriff (Mont. Code Ann. 3-15-501). A juror who willfully fails to attend may be compelled to attend and fined up to $50 (Mont. Code Ann. 3-15-321). Purposely failing to obey jury process can also be charged as criminal contempt, punishable by up to $500 and 6 months in jail (Mont. Code Ann. 45-7-309).

Can a felon serve on a jury in Montana?

The jury statute says a person convicted of malfeasance in office or any felony or other high crime is not competent to serve (Mont. Code Ann. 3-15-303). Montana's constitution restores full rights when state supervision for an offense against the state ends (Mont. Const. art. II, sec. 28(2)), and Mont. Code Ann. 46-18-801(2) restores civil rights when a sentence expires, but the sources we reviewed do not apply these to the jury rule, so ask the clerk.

How long is jury duty in Montana?

Persons noticed serve for 1 year and until others are selected, unless excused (Mont. Code Ann. 3-15-411). Districts using one day or one trial excuse you for the rest of the year after one day unselected or one completed trial.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Mont. Code Ann. § 3-15-301, qualifications of jurors (Montana Legislature)(mca.legmt.gov).gov
  2. Mont. Code Ann. § 3-15-201, jurors' fees and mileage (Montana Legislature)(mca.legmt.gov).gov
  3. Montana Judicial Branch, Juror Information(courts.mt.gov).gov
  4. HB 194, Chapter 428, Laws of 2025, jury notice and summons (Montana Legislature)(archive.legmt.gov).gov
  5. Mont. Code Ann. § 3-15-402, jury list (Montana Legislature)(mca.legmt.gov).gov
  6. Mont. Code Ann. § 3-15-303, persons not competent to serve (Montana Legislature)(mca.legmt.gov).gov
  7. Mont. Code Ann. § 46-18-801, retention of civil rights (Montana Legislature)(mca.legmt.gov).gov
  8. Mont. Code Ann. § 3-15-313, excuse from jury service (Montana Legislature)(mca.legmt.gov).gov
  9. SB 137, Chapter 175, Laws of 2025, jurors 75 and older excused on request (Montana Legislature)(archive.legmt.gov).gov
  10. 10 U.S.C. § 982, service on state and local juries (GovInfo)(www.govinfo.gov).gov
  11. Mont. Code Ann. § 3-15-314 (repealed) (Montana Legislature)(mca.legmt.gov).gov
  12. Gallatin County Clerk of District Court, Jury(www.gallatinmt.gov).gov
  13. Mont. Code Ann. § 3-15-501, summons, one day or one trial, nonresponse (Montana Legislature)(mca.legmt.gov).gov
  14. Mont. Code Ann. § 3-15-203, fees in courts not of record (Montana Legislature)(mca.legmt.gov).gov
  15. Mont. Code Ann. § 3-15-204, payment of jurors (Montana Legislature)(mca.legmt.gov).gov
  16. Montana Code Annotated, Title 3, chapter 15, parts index (Montana Legislature)(mca.legmt.gov).gov
  17. Mont. Code Ann. § 39-2-904, elements of wrongful discharge (Montana Legislature)(mca.legmt.gov).gov
  18. Mont. Code Ann. § 39-2-903, definitions, Wrongful Discharge From Employment Act (Montana Legislature)(mca.legmt.gov).gov
  19. Mont. Code Ann. § 39-2-905, remedies for wrongful discharge (Montana Legislature)(mca.legmt.gov).gov
  20. Mont. Code Ann. § 2-18-619, public employees on jury duty (Montana Legislature)(mca.legmt.gov).gov
  21. Mont. Code Ann. § 3-15-321, failure to attend (Montana Legislature)(mca.legmt.gov).gov
  22. Mont. Code Ann. § 3-15-411, term of service (Montana Legislature)(mca.legmt.gov).gov
  23. Yellowstone County Clerk of District Court(yellowstonecountymt.gov).gov
  24. Mont. Code Ann. § 45-7-309, criminal contempt (Montana Legislature)(mca.legmt.gov).gov
  25. Mont. Const. art. II, § 28, rights of the convicted (Montana Legislature)(mca.legmt.gov).gov
  26. Mont. Code Ann. § 39-2-911, limitation of actions, wrongful discharge (Montana Legislature)(mca.legmt.gov).gov
  27. Mont. Code Ann. § 39-2-912, exemptions from the Wrongful Discharge From Employment Act (Montana Legislature)(mca.legmt.gov).gov
  28. Mont. Code Ann. § 2-18-503, mileage allowance (Montana Legislature)(mca.legmt.gov).gov
  29. Mont. Code Ann. § 2-18-601, definitions, leave and holidays (Montana Legislature)(mca.legmt.gov).gov
  30. Montana Code Annotated, Title 10, military affairs, chapters index (Montana Legislature)(mca.legmt.gov).gov
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