North Dakota Jury Duty Laws: Pay, Exemptions and Employer Rules

North Dakota state-court jury service is governed by chapter 27-09.1 of the North Dakota Century Code and by the North Dakota Supreme Court's statewide Jury Selection Plan. District court jurors are paid $100 for each day of required attendance plus mileage, paid by the state (N.D.C.C. § 27-09.1-14).

An employer may not fire, lay off, penalize, threaten or coerce an employee because of jury service (N.D.C.C. 27-09.1-17). A person 72 or older on the date of the summons must be given an exemption if they ask for one (Jury Selection Plan § 8(A)).

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 North Dakota state courts. A summons from the U.S. District Court for the District of North Dakota 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 or defers you or you are 72 or older and ask for the age exemption. North Dakota's statute is blunt: "No qualified prospective juror is exempt from jury service" (N.D.C.C. 27-09.1-10). The Jury Selection Plan adds that "There have been no automatic exemptions from jury service since 1971."

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

Who can serve on a jury in North Dakota

Under N.D.C.C. § 27-09.1-08(2), a prospective juror is disqualified if the person:

• is not a citizen of the United States and a resident of the state and county in the jury pool;
• is not at least 18 years old;
• is unable with reasonable accommodation to communicate and understand the English language;
• is incapable, because of a physical or mental disability and with reasonable accommodation, of rendering satisfactory jury service (the court may require a physician's certificate, and the Jury Selection Plan requires a medical provider's note whenever a person requests this disqualification); or
• has lost the right to vote because of imprisonment in the penitentiary, or has a conviction that by special provision of law disqualifies the person from jury service.

The statute states no minimum length of residence. The court decides qualification from the qualification form, an interview or other evidence (N.D.C.C. 27-09.1-08(1)).

Felony convictions

The jury statute does not bar everyone with a felony record. It disqualifies a person who "Has lost the right to vote because of imprisonment in the penitentiary (section 12.1-33-01)." Under N.D.C.C. § 12.1-33-01(1), a person sentenced for a felony loses the right to vote only "during the term of actual incarceration under such sentence."

That means the voting-rights disqualification ends on release, with no petition required. Under § 12.1-33-03, the sentence must state that the defendant's rights to vote and hold office are lost only during actual incarceration, and that the defendant suffers no other disability from the conviction except as the sentence or law provides. For out-of-state or federal sentences, rights are likewise lost only during actual incarceration, and a person present in North Dakota is presumed to have them restored (N.D.C.C. 12.1-33-03(2)).

The jury statute also disqualifies a person whose conviction "by special provision of law" bars jury service. Our research did not locate a separate North Dakota law of that kind, but it did not check every criminal statute, so if you have a conviction and are unsure, ask the clerk.

Exemptions, excuses and deferrals in North Dakota

Age: the 72-and-over exemption

The age rule is in the Supreme Court's Jury Selection Plan, not a statute: "An exemption must be given to a prospective juror who is 72 years of age or older on the date of the summons, if the individual requests the exemption" (N.D. Sup. Ct. Admin. R. 9, App. 2, Jury Selection Plan § 8(A)). The plan took effect June 1, 2025.

You must ask. Once you do, "must be given" means the court cannot deny a timely request. The plan does not say whether the exemption covers only that summons or future ones, so if you are summoned again, ask again. North Dakota sets no maximum age for jurors.

Hardship excuses

Under N.D.C.C. § 27-09.1-11(2), "A person who is not disqualified for jury service may be excused from jury service by the court upon a showing of undue hardship, extreme inconvenience, or public necessity, 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."

A hardship excuse is usually temporary. The plan allows a permanent excuse only when you show you cannot serve now and "it is extremely unlikely that they will be able to perform jury service at a future date." A permanent excuse removes you from the current pool and all future pools.

Previous service and medical excuses

The plan says a person "may request to be excused from jury service if he or she has previously served on a jury or has been summoned and appeared twice within the two years preceding their current summons." The judge or other authorized official decides.

For any excuse or deferral based on medical needs, "A note from a medical provider is required."

Deferring (postponing) your service

A deferral means you are qualified but the court has allowed you "to postpone their service for a specified period of time during the current 2-year jury cycle" (Jury Selection Plan § 8(C)). The plan names part-time residents, such as students or retired persons temporarily living away from their home county, as people who should be granted a deferment when the court finds the inconvenience or the cost of returning impractical. The plan sets no fixed number or length of deferrals.

Military members, first responders and other groups

Neither the jury chapter nor the Jury Selection Plan lists an exemption for military members, first responders, public officials, caregivers, breastfeeding mothers, religious reasons or distance. A person in one of those situations may ask for a hardship excuse or a deferral. A 2025 bill to excuse law enforcement officers from jury duty, SB 2095, failed in the Senate, 14 to 33 (SB 2095 bill overview).

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).

How much does jury duty pay in North Dakota?

N.D.C.C. § 27-09.1-14 says: "A juror must be compensated at the rate of one hundred dollars for each day of required attendance at sessions of the district court unless the juror is in attendance for four hours or less on the first day, in which case compensation for the first day is fifty dollars."

This is one statewide rate, not a county-by-county figure. The statute ties mileage to the state-employee rate, which under § 54-06-09 follows the federal GSA privately owned vehicle rate; the North Dakota Court System's juror page describes it as the IRS standard mileage rate. We did not retrieve the current per-mile figure, so check with the clerk. The court's page says checks are usually issued within a few weeks after your service (North Dakota Court System, Jury Service).

North Dakota employer rules for jury duty

Job protection

N.D.C.C. § 27-09.1-17(1) says: "An employer may not deprive an employee of employment, lay off, penalize, threaten, or otherwise coerce an employee with respect thereto, because the employee receives a summons or subpoena, responds thereto, serves as a juror or witness, or attends court for jury service or to give testimony pursuant to a subpoena."

The section covers "an employee" with no full-time or part-time limit and no minimum employer size. It does not require advance notice, though the court system encourages you to notify your employer as soon as possible. Cite the statute section itself, § 27-09.1-17, if you raise the issue with your employer.

Does your employer have to pay you?

North Dakota's jury statute does not require private employers to keep paying wages during jury service, and it says nothing about using vacation or sick leave or about shift work. Under federal wage rules, an employer that pays you as a salaried exempt employee generally cannot deduct jury-duty absences from your salary in a week you also work, though it may offset the juror fees you receive (29 C.F.R. § 541.602(b)(3)). The protection in § 27-09.1-17 is against firing, layoff, penalties, threats and coercion. Your juror pay comes from the state under § 27-09.1-14.

Public employees have separate rules:

• Classified state and local government employees. Under N.D. Admin. Code § 4-07-16-02, "An employee selected for jury duty must be granted an approved absence from work with pay, except that an amount of pay equal to the amount the employee received from the court for jury duty service must be deducted from the employee's regular pay." An employee on authorized annual leave while serving keeps the court fee and pay is not reduced. The chapter applies to agencies that employ people in positions classified by Human Resource Management Services.
• North Dakota Court System employees. Court System Policy 133 says regular employees called for jury duty "will be allowed leave with pay, minus any jury duty fee received," that travel and other allowances are not counted, and that an employee using annual leave may keep all jury pay (Policy 133). The employee is expected to work as much of the scheduled day as jury duty allows.

Other public employees, such as school district staff, should check their own leave policies.

If your employer violates the law

Under § 27-09.1-17(2)-(3):

• An employer who violates the protection "is guilty of a class B misdemeanor."
• If the employer fires you in violation, "the employee within ninety days may bring a civil action for recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee."
• "Damages recoverable may not exceed lost wages for six weeks."
• If you win, the court allows a reasonable attorney's fee.

The 90-day lawsuit applies to a discharge. That deadline is short, so talk to a North Dakota employment lawyer quickly if you are fired. Whether another penalty, such as a demotion, can be sued over under a general limitations period was outside our research. For background on firing rules generally, see our page on North Dakota at-will employment laws.

What happens if you miss jury duty in North Dakota

North Dakota no longer has a penalty statute written for jurors: "27-09.1-16. Penalties for failure to perform jury service. Repealed by S.L. 1993, ch. 89, § 32" (N.D.C.C. ch. 27-09.1). Instead, the Jury Selection Plan sets out a follow-up process (§ 12):

1. The clerk tries to reach you by telephone.
2. If that fails, the clerk must, within 5 days of the failure to report, write to you by first-class mail and ask you to explain your failure to appear in writing within 15 days.
3. If you do not respond, or the explanation is inadequate, the clerk informs the court and the state's attorney and asks the court to issue an order to show cause.

The court's general tool is contempt. North Dakota's contempt law covers "Intentional disobedience, resistance, or obstruction of the authority, process, or order of a court" (N.D.C.C. § 27-10-01.1(1)(c)). These are general maximums for any contempt, not a set juror fine: after a nonsummary proceeding, a punitive sanction may be a fine up to $1,000, up to one year in county jail, or both; in a summary proceeding, up to $500, up to 30 days, or both (N.D.C.C. 27-10-01.4(2)). The court system's juror page says missing jury service "may result in contempt of court charges, fines, or jail time."

The qualification form

Answer the qualification form honestly. "Any person who willfully misrepresents a material fact on a juror qualification form for the purpose of avoiding or securing service as a juror is guilty of a class B misdemeanor" (N.D.C.C. 27-09.1-07(3)). The form itself must warn that a willful misrepresentation may be punished by a fine of not more than $1,000, up to 30 days in county jail, or both. A person who does not return the form must be directed by the clerk to appear and fill it out (N.D.C.C. 27-09.1-07(2)). Under the Jury Selection Plan, if the person still has not appeared 15 days after that notice, the clerk notifies the court and the state's attorney (Jury Selection Plan 11).

How long jury duty lasts in North Dakota

Under N.D.C.C. § 27-09.1-15, "In any two-year period a person may not be required: 1. To serve or attend court for prospective service as a petit juror more than ten court days, except if necessary to complete service in a particular case; 2. To serve on more than one grand jury; or 3. To serve as both a grand and petit juror."

The Jury Selection Plan adds guidance: "The term of actual service for a juror should not exceed two days or one trial, whichever is longer." The plan's standards also recommend that jurors be on call for no more than 30 days, or six months in counties with few trials. Those are "should" standards, so your court's own schedule controls.

How to respond to a North Dakota jury summons

North Dakota has a statewide system. The North Dakota Court System's Jury Service page lays out the steps:

1. Complete the qualification questionnaire within 10 days. The statute requires the form to be returned within ten days after you receive it (N.D.C.C. 27-09.1-07(1)). You can do it online through the court system's eResponse juror questionnaire.
2. If needed, request an excusal or deferral. The court says to "fill out the request after finishing the questionnaire," using the statewide excusal and deferral request form. If you are 72 or older, this is where you ask for the age exemption. Attach a medical provider's note for any medical request.
3. Follow the reporting instructions in your summons until the court tells you a request was granted.

Questions go to your local District Court Clerk.

Watch for jury duty scam calls

The North Dakota Court System has warned about scams targeting potential jurors, in which callers allege a failure to appear, sometimes impersonate law enforcement and threaten arrest unless fines are paid. Its notice says: "State courts or local law enforcement agencies will never call and threaten an individual or demand immediate payment." To check such a claim, hang up and contact the Clerk of Court's office, do not give out card details or personal information, and report the call to local law enforcement (ND Court System Jury Scam Notice).

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

Disclaimer: This page is general legal information about North Dakota state-court jury service, not legal advice. The court that summoned you decides every excuse, exemption and deferral request. Information verified October 7, 2026. For questions about your summons, contact the District Court Clerk listed on it; for an employment dispute, consult a lawyer licensed in North Dakota.

Related pages

• Jury duty laws by state
• North Dakota at-will employment laws
• North Dakota court records
• North Dakota scam and fraud laws
• Minnesota jury duty laws
• South Dakota jury duty laws

Last updated: October 7, 2026.

Frequently Asked Questions

How much does jury duty pay in North Dakota?

District court jurors receive $100 for each day of required attendance, or $50 for the first day if they attend four hours or less, plus mileage at the state-employee rate, paid by the state (N.D.C.C. 27-09.1-14).

Can I get out of jury duty in North Dakota if I am over 72?

Yes, if you ask. The statewide Jury Selection Plan says an exemption must be given to a person 72 or older on the date of the summons who requests it (Plan 8(A)). It is not automatic.

Can I be fired for jury duty in North Dakota?

An employer may not fire, lay off, penalize, threaten or coerce you because of jury service (N.D.C.C. 27-09.1-17). If you are fired, you have 90 days to sue for up to six weeks of lost wages and reinstatement.

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

North Dakota's jury statute does not require private employers to pay you while you serve. Classified state and local government employees get paid leave minus the court fee (N.D. Admin. Code 4-07-16-02).

Can a felon serve on a jury in North Dakota?

The jury statute disqualifies a person who has lost the right to vote because of imprisonment, and a felony costs the right to vote only during actual incarceration (N.D.C.C. 27-09.1-08(2)(e); 12.1-33-01). After release, that disqualification ends.

How do I postpone jury duty in North Dakota?

Complete the qualification questionnaire, then submit the statewide excusal and deferral request form. A deferral postpones service to a set time within the current two-year jury cycle (Jury Selection Plan 8(C)).

What happens if I miss jury duty in North Dakota?

The clerk will call, then write asking for an explanation within 15 days. With no adequate answer, the clerk asks the court to issue an order to show cause, which can lead to contempt (Jury Selection Plan 12).

How often can I be called for jury duty in North Dakota?

In any two-year period you cannot be required to serve or attend as a petit juror for more than ten court days (except to finish a case), on more than one grand jury, or as both (N.D.C.C. 27-09.1-15).