New Mexico Jury Duty Laws (2026): Pay, Exemptions and Employers

New Mexico sets the rules for state-court jury service in Chapter 38, Article 5 of the New Mexico Statutes Annotated, with qualifications in NMSA 1978, § 38-5-1. Jurors are paid for their time at the highest prevailing state minimum wage rate, which the courts state as $12.00 an hour, plus mileage for round trips over 40 miles (§ 38-5-15).

Your employer may not fire, threaten or coerce you over jury service or make you use vacation or sick leave for it (§ 38-5-18), but New Mexico's jury statute does not require private employers to pay your wages. A person 75 or older who asks a local court to be exempted is permanently exempt (§ 38-5-2(B)).

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 New Mexico state courts. A summons from the U.S. District Court for the District of New Mexico follows federal law, summarized on our jury duty laws by state hub.

About the statute text: The statute quotes on this page were checked against the official New Mexico Statutes compilation (nmonesource.com) and match the New Mexico Courts' republication on jury.nmcourts.gov. The age-75 exemption was also checked against the enrolled 2021 bill on nmlegis.gov.

Do you have to go? The short answer

Yes, unless you are not eligible under § 38-5-1, the court grants an exemption or excusal you ask for under § 38-5-2, or your service is postponed under § 38-5-10.1. You must complete the online Jury Questionnaire even if you are asking to be excused: the courts say "You are required to fill out the Jury Questionnaire even if you are requesting excusal."

If the court does not grant your request, you still have to appear when instructed. Under § 38-5-2(D), a person asking for an exemption or excuse must get a ruling no later than the scheduled appearance date. To see which category might fit your situation, try our jury duty exemption checker.

Who can serve on a jury in New Mexico

Under § 38-5-1(A), "A person who is at least eighteen years of age, a United States citizen, a resident of New Mexico residing in the county for which a jury may be convened is eligible and may be summoned for service as a juror by the courts," unless the person is incapable of jury service because of physical or mental illness or infirmity, or undue or extreme physical or financial hardship. The section sets no English-language test and no minimum time living in the county.

Illness or disability

If you believe a disability prevents you from completing jury service, the courts' FAQ says to "complete the Jury Questionnaire and submit a signed statement from your healthcare provider explaining why you are unable to serve as a juror; the court does not need a diagnosis." A medical excusal form is available, and documents can be uploaded through the online portal.

Felony convictions

A felony conviction does not bar you for life under the jury statute. Section 38-5-1(B) provides: "A person who was convicted of a felony and who meets all other requirements for eligibility may be summoned for jury service if the person has successfully completed all conditions of the sentence imposed for the felony, including conditions for probation or parole."

The courts' FAQ summarizes eligibility as being "not currently on felony probation or parole," but the statute's test is successful completion of all sentence conditions. If you have a felony conviction and are unsure whether every condition is complete, ask the court that summoned you.

Exemptions, excuses and postponements in New Mexico

Age 75 and older

Under § 38-5-2(B), "A person who is seventy-five years of age or older who requests exemption from jury service with a local court shall be permanently exempt from jury service." You have to ask; the exemption is not automatic. Once granted, it is permanent.

Laws 2021, chapter 101 (House Bill 185) removed the old requirement to file an affidavit. Older copies of the statute online still mention an affidavit, but the current text requires only a request.

Recent jury service

Under § 38-5-2(A), a person who served "as a member of a petit jury panel or a grand jury in either state or federal courts within the preceding thirty-six months shall be exempt" when the person requests it. The FAQ says you must have "reported to the courthouse and received attendance for jury selection, jury trial or grand jury" and must submit proof of service.

Hardship excusals

A judge or the judge's designee may excuse you, with or without your appearing in court, if service "would cause undue or extreme physical or financial hardship to the prospective juror or to a person under the prospective juror’s care or supervision," if you have an emergency that makes you unable to serve, or if you present other satisfactory evidence (§ 38-5-2(C)).

Section 38-5-2(G) defines that hardship. It covers having to abandon a person in your care because of "the extreme difficulty of obtaining an appropriate substitute caregiver"; costs that would have "a substantial adverse impact on the payment of necessary daily living expenses of the person or the person's dependent"; or "physical hardship that would result in illness or disease." Hardship "does not exist solely because a prospective juror will be absent from employment." The judge "may disallow the fees and mileage of the person excused" (§ 38-5-2(E)).

No exemptions by job, with narrow military exceptions

The courts' FAQ says: "No one is exempt from serving as a juror because of their job or employment." It also says there is no excuse for moral or religious beliefs, and that lack of transportation or a driver's license is not an excuse.

For military members, federal law lets a branch Secretary exempt an active-duty service member from a state or local jury if service "would unreasonably interfere with the performance of the member's military duties" or "would adversely affect the readiness" of the member's unit (10 U.S.C. § 982). That is a determination by the Secretary, not an automatic exemption. New Mexico law also provides that members of the National Guard and the state defense force are not subject to jury duty while going to, remaining at or returning from a place where they are required to perform military or militia duty (NMSA 1978, §§ 20-4-8(A), 20-5-15(A)). That protection is tied to the duty period, not a general exemption for Guard members, so raise it with the court that summoned you.

Postponing your service

Under § 38-5-10.1(A), "A person scheduled to appear for service on a petit jury may request a postponement of the date of initial appearance for jury service. The request for postponement shall be granted if the juror: has not previously been granted a postponement; and agrees to a future date, approved by the court, when the juror will appear for jury service that is not more than six months after the date on which the prospective juror originally was called to serve." A later postponement is allowed only for an emergency that could not have been anticipated (§ 38-5-10.1(B)).

The courts' FAQ describes this more narrowly, saying "In very limited circumstances, jurors may request a one-time postponement by completing the online Jury Questionnaire. If it is not granted, you are still required to appear." The statute says a first request that meets its conditions "shall be granted."

The court must also postpone and reschedule you, without using up your own postponement, if you are:

• employed by an employer with five or fewer full-time employees, or their equivalent, and another employee of the same employer is summoned for the same period;
• the only person performing particular services so essential to a business, commercial or agricultural enterprise that it would have to close or stop functioning if you served; or
• required to attend to an emergency, as determined by the judge (§ 38-5-10.1(C)).

How much does jury duty pay in New Mexico?

Section 38-5-15 provides that jurors "shall be reimbursed for travel in excess of forty miles round trip from their place of actual residence to the courthouse when their attendance is ordered at the rate allowed public officers and employees per mile of necessary travel," and "shall be compensated for their time in attendance and service at the highest prevailing state minimum wage rate." The rate is statewide; the FAQ states no county variation.

The FAQ adds that "Government employees may have their own internal pay policy for jury service," and that Metro Court and Second Judicial District jurors can park free at the Metro Park parking structure north of Metropolitan Court. If you are excused, the judge may disallow your fees and mileage (§ 38-5-2(E)).

New Mexico employer rules for jury duty

Your job is protected

Under § 38-5-18(A), "An employer shall not deprive an employee of employment or threaten or otherwise coerce the employee because the employee receives a summons for jury service, responds to the summons, serves as a juror or attends court for prospective jury service." The section states no minimum employer size.

No forced use of leave

"An employer shall not require or request an employee to use annual, vacation or sick leave for time spent responding to a summons for jury service, participating in the jury selection process or serving on a jury" (§ 38-5-18(B)). The subsection does not require an employer to provide leave benefits to employees who are not otherwise entitled to them under company policy.

Does your employer have to pay you?

New Mexico's jury statute does not require private employers to keep paying you while you serve. The courts' FAQ says: "Employers are not required to pay jurors while they are serving as a juror." The court can certify the days and times you attended, and the portal prints an attendance letter you can give your employer.

New Mexico state employees covered by the State Personnel Board rules "shall be entitled to leave with pay for serving on a grand or petit jury during regularly scheduled work hours," and must turn over any juror fees, excluding travel reimbursement, to their agency (1.7.7.14(E) NMAC). County, city and school district employees should check their own employer's leave rules.

If your employer violates the law

"An employer, either individually or through his agent, who violates Section 1 [38-5-18 NMSA 1978] of this act is guilty of a petty misdemeanor" (§ 38-5-19). Sections 38-5-18 and 38-5-19 do not provide for a private lawsuit, set a notice requirement, or state a filing deadline. Whether other New Mexico law gives you a claim is outside what we reviewed, so if you were fired or disciplined over jury duty, talk to a New Mexico employment lawyer promptly. For how this fits with other limits on firing, see our page on New Mexico at-will employment laws.

What happens if you miss jury duty in New Mexico

Under § 38-5-10, "A willful failure to appear as ordered in the summons is a petty misdemeanor." The courts' FAQ adds that willfully failing to complete and submit the qualification questionnaire may be punished as contempt, and that both are criminal charges that may bring jail, a fine or both. Under New Mexico's general sentencing statute, a petty misdemeanor carries up to six months in county jail, a fine of up to $500, or both (NMSA 1978, § 31-19-1(B)).

If you missed your date or forgot the questionnaire, contact the court that summoned you right away. The jury statutes we reviewed do not address rescheduling after a penalty.

How long jury duty lasts in New Mexico

"The length of jury service is established by each Court. Your summons, your court or the court’s website can tell you how long you will have to serve," the FAQ says. By statute, "The supreme court shall establish, by rule, the appropriate length of jury terms" (§ 38-5-12(B)).

The FAQ also says: "Generally, you are not required to serve on a jury or attend court for jury service in a New Mexico state court more than once every 3 years." In the statute, that works through the 36-month exemption in § 38-5-2(A), which applies when you request it with proof of service; it is not an automatic bar on being summoned.

How to respond to a New Mexico jury summons

1. Complete the Jury Questionnaire online. Go to jury.nmcourts.gov or scan the QR code on your summons. Since February 4, 2025, the Judiciary has sent bilingual summons postcards.
2. Ask for an exemption, excusal or postponement in the questionnaire, and upload supporting documents, such as a healthcare provider's statement or proof of prior service, as PDF files.
3. Appear unless the court tells you your request was granted. A request alone does not excuse you.
4. Get help from the Courts HelpLine at (855) 268-7804, or use the site's Search for Your Court tool for your district's jury contact.
5. Print an attendance letter from the portal if your employer wants proof of service.

Watch for jury duty scam calls

The New Mexico Judiciary's Beware of Scams page states: "All courts within the New Mexico Judiciary will NEVER attempt to make contact to you via telephone, email, or employ bonding companies to notify you of warrants issued by the Court for failure to appear for Jury Service or for any other matter . If you have been contacted in this manner, it is a SCAM and you are advised to report it to local law enforcement." You can check a case through NMCourts Case Lookup or call (855) 268-7804.

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

Recent changes and failed bills

• 2021: Laws 2021, ch. 101 (HB 185) removed the affidavit requirement from the age-75 exemption in § 38-5-2(B).
• 2022 and 2023: Bills to raise juror pay (SB 164 in 2022 and SB 170 in 2023) did not become law. SB 170 passed the Senate 32-2 on March 14, 2023, then was postponed indefinitely in the House Judiciary Committee; SB 164 died in committee.
• The official compilation shows no 2025 or 2026 amendment to the sections covered here; the last change was the 2021 age-75 amendment.

Disclaimer: This page is general legal information about New Mexico jury service, not legal advice. The judge or the judge's designee at the court that summoned you decides every exemption, excusal and postponement request. Information verified October 7, 2026. For questions about your summons, contact the court listed on it or the Courts HelpLine; for an employment dispute, consult a lawyer licensed in New Mexico.

Related pages

• Jury duty laws by state
• New Mexico at-will employment laws
• New Mexico court records
• New Mexico scam and fraud laws
• Texas jury duty laws
• Colorado jury duty laws

Last updated: October 7, 2026.

Frequently Asked Questions

How much does jury duty pay in New Mexico?

Jurors are paid for their time at the highest prevailing state minimum wage rate (NMSA 1978, § 38-5-15). The courts say a Supreme Court order sets it at $12.00 per hour, plus $0.70 per mile for round-trip mileage over 40 miles.

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

Yes, if you ask. A person 75 or older who requests exemption from a local court is permanently exempt (§ 38-5-2(B)). Since 2021, no affidavit is required, but the exemption is not automatic.

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

New Mexico's jury statute does not require private employers to pay you, and the courts' FAQ says employers are not required to. Your employer may not make you use vacation or sick leave for it (§ 38-5-18(B)), and classified state employees get leave with pay under 1.7.7.14(E) NMAC; county, city and school employees should check their own leave rules.

Can I be fired for jury duty in New Mexico?

No. An employer may not deprive you of employment, threaten or coerce you because of a summons or jury service (§ 38-5-18(A)). A violation is a petty misdemeanor (§ 38-5-19).

Can I postpone jury duty in New Mexico?

Your first request to postpone your initial appearance must be granted if you agree to a court-approved date within six months of the original date (§ 38-5-10.1(A)). A second postponement is allowed only for an emergency that could not have been anticipated.

Can a felon serve on a jury in New Mexico?

Yes, once the person has successfully completed all conditions of the felony sentence, including probation or parole, and meets the other requirements (§ 38-5-1(B)).

How often can you be called for jury duty in New Mexico?

The courts say you generally will not have to serve more than once every 3 years. By statute, a person who served on a state or federal jury panel or grand jury within the preceding 36 months is exempt on request (§ 38-5-2(A)).

What happens if I ignore a jury summons in New Mexico?

Willful failure to appear as ordered in the summons is a petty misdemeanor (§ 38-5-10). The courts add that willfully failing to complete the questionnaire may be punished as contempt.