West Virginia Jury Duty Laws: Pay, Excuses and Employer Rules

Jury service in West Virginia's state courts is governed by Chapter 52 of the West Virginia Code, with the qualification rules in W. Va. Code § 52-1-8. A juror 70 or older is still qualified but "shall be excused from service by the court upon his or her request" (§ 52-1-8(c)).

The statute lets each circuit set daily reimbursement between $15 and $40 (§ 52-1-17), and the West Virginia Judiciary says jurors are reimbursed $40 a day plus round-trip mileage. Your employer must excuse you from work for jury service once you show it the summons (§ 52-1-21), and may not penalize you for serving (§ 52-3-1).

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 West Virginia state courts (circuit and magistrate courts). A summons from the U.S. District Court for the Northern or Southern District of West Virginia 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 you. § 52-1-10 says: "No qualified prospective juror is exempt from jury service." The West Virginia Judiciary puts it the same way: if you are qualified, there are no automatic exemptions.

Two routes are written into the statute. A person 70 or older must be excused on request, and any qualified person may ask the court to be excused for hardship, inconvenience or public necessity. To see which route might fit before you answer the questionnaire, try our jury duty exemption checker.

Who can serve on a jury in West Virginia

Under § 52-1-8(b), a prospective juror is disqualified if the person:

• is not a U.S. citizen, at least 18 years old, and a resident of the county;
• is unable to read, speak and understand English (communicating in American Sign Language or Signed English meets the speaking and understanding requirement);
• is incapable, because of a substantial physical or mental disability, of rendering satisfactory jury service;
• has, within the preceding two years, been summoned as a petit, grand or magistrate court juror, attended court sessions, and been reimbursed as a juror;
• has lost the right to vote because of a criminal conviction; or
• has been convicted of perjury, false swearing or any crime punishable by more than one year in prison under West Virginia, another state's or federal law.

For grand jury service only, an officeholder under the laws of the United States or West Virginia is also disqualified; notaries public are not counted as officeholders (§ 52-1-8(d)).

The statute sets no minimum length of county residence. The two-year prior-service rule needs all three parts: being summoned alone, without attending and being reimbursed, does not disqualify you.

Disability and accommodation

A person claiming the disability disqualification "may be required to submit a physician’s certificate as to the disability" (§ 52-1-8(b)(3)). The statute also protects jurors who can serve with help: a physically disabled person who "can render competent service with reasonable accommodation is not ineligible to act as juror and may not be dismissed from a jury panel on the basis of disability alone" (§ 52-1-8(e)).

Criminal convictions

Section 52-1-8(b)(5) and (6) disqualify a person who lost the right to vote because of a criminal conviction, or who was convicted of perjury, false swearing or a crime punishable by more than one year. The same subsection then says that a prospective juror "whose conviction was expunged or set aside, or who subsequent thereto receives an unconditional pardon for said offense, shall not be disqualified from serving on a jury."

The jury statute does not set a waiting period. Getting your right to vote back is not enough on its own: West Virginia bars a person with a felony conviction from voter registration only while serving the sentence, including probation or parole (W. Va. Code § 3-2-2(b)), but § 52-1-8(b)(6) still disqualifies anyone convicted of a crime punishable by more than one year unless the conviction was expunged or set aside or pardoned. West Virginia's expungement statute is § 61-11-26; we did not research its eligibility rules or the set-aside and pardon procedures for this page. If you have a conviction, ask the circuit clerk on your summons how to answer the questionnaire, or talk to a West Virginia lawyer. Our page on West Virginia court records covers sealing records.

Excuses and exemptions in West Virginia

Chapter 52 has no categorical exemptions (§ 52-1-10). What it has are excuses the court grants under § 52-1-11 and the age rule in § 52-1-8(c).

The court decides excuse requests on the juror's request or on its own initiative (§ 52-1-11). The Judiciary advises: "Whenever possible you should put your request in writing and direct it to the presiding circuit judge."

Postponements

West Virginia's statute has no separate postponement section. The excuse in § 52-1-11(b) works as a deferral, since it 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." The statute sets no cap on how many times or how long you may be excused this way.

Is there an age limit for jury duty in West Virginia?

There is no maximum age, but there is an opt-out at 70. Under § 52-1-8(c), "A prospective juror 70 years of age or older is not disqualified from serving but shall be excused from service by the court upon his or her request." The Judiciary says there is a place on the qualification questionnaire to indicate your choice.

The excusal is not automatic: you must ask. Neither the statute nor the Judiciary's page says whether one request covers future summonses, so mark the choice each time you are summoned.

Military members, students and other groups

Section 52-1-11(c) lets the court excuse a current member of the National Guard or reserves; it is a discretionary excuse, not an exemption. One narrow exemption sits outside the jury statute: members of the West Virginia State Guard, a state force the Governor may organize while part of the National Guard is in active federal service and which is separate from the National Guard, are exempt from jury duty during their service (W. Va. Code § 15-4-12(b)). Separately, federal law 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; that determination is conclusive (10 U.S.C. § 982).

We found no ground for students, caregivers, breastfeeding parents, first responders or long travel distance in Article 1 of Chapter 52 (we read §§ 52-1-8, -10 and -11 in full and the other sections of the article by their headings). Those situations go through the undue hardship, extreme inconvenience or public necessity request.

How much does jury duty pay in West Virginia?

Under § 52-1-17(a), a juror is paid mileage "at the rate set by the Secretary of the Department of Administration" for travel between home and the courthouse, and is reimbursed for other attendance expenses "at a rate of not less than $15 nor more than $40, set at the discretion of the circuit court or the chief judge of the circuit court, for each day of required attendance."

Reimbursement is based on vouchers submitted to the sheriff and paid out of the State Treasury. A juror who leaves without the court's permission is not entitled to reimbursement (§ 52-1-18). We did not find a circuit-level order setting a rate below $40, but because the statute leaves the figure to each circuit, check with your circuit clerk if the amount matters to you.

West Virginia employer rules for jury duty

Time off and notice

Under § 52-1-21, an employee who receives a jury summons "shall, the next day the employee is engaged in employment, exhibit the summons to the employee's immediate superior and the employee shall thereupon be excused from employment for the day or days required in serving as a juror." The section covers service in any state or federal court and sets no employer-size or full-time threshold.

Protection against retaliation

§ 52-3-1(a) lets an employee sue an employer who discriminates against the employee because the employee received a jury summons, or was absent from work to respond to one or to serve on a jury. You file in the circuit court of the county where the summons came from or where the discrimination happened.

If the court finds the employer fired or threatened to fire you, or "decreased the regular compensation of employment of an employee for time the employee was not actually away from his employment because the employee served as a juror," it may order the employer to stop and order "affirmative relief, including, but not limited to, reinstatement of the employee with or without back pay." A prevailing employee "shall be allowed reasonable attorney's fees" (§ 52-3-1(c)). An employer who violates the section "is guilty of civil contempt and shall be fined not less than $100 nor more than $500" (§ 52-3-1(d)).

The jury statute does not state a filing deadline for this lawsuit. West Virginia's catch-all limitations statute, § 55-2-12, gives one or two years for personal actions with no other deadline, and it does not say which applies to a § 52-3-1 claim, so act quickly and talk to a West Virginia employment lawyer. Our page on West Virginia at-will employment laws explains other limits on firing.

Does your employer have to pay you?

West Virginia's jury statute does not require private employers to pay you for the time you are away. Section 52-3-1(b) says: "Nothing in this section shall be construed to require an employer to pay an employee any wages or other compensation for the time the employee is actually away from employment for jury services or to respond to a jury summons." The Judiciary's page agrees.

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)).

What the employer may not do is cut your regular pay for time you were not actually away because of jury service (§ 52-3-1(a)). Different rules cover some public employees. Under the Division of Personnel's rule, a classified or classified-exempt state employee hired for permanent employment who applies in writing is released for jury service without charge to leave or loss of pay (W. Va. Code R. § 143-1-14.10), and the Division's policy says those employees keep their regular pay in addition to the court's reimbursement; temporary and intermittent employees are not paid for the time. School and local government employees should check their own leave rules, which we did not research for this page.

What happens if you miss jury duty in West Virginia

The clerk is directed to notify you with the summons and juror qualification form at least 20 days before your report date, by personal service or first class mail (§ 52-1-7(b)).

If you fail to appear or to complete jury service as directed, § 52-1-24 says the court "shall" order you "to appear forthwith and show cause for failure to comply with the summons." If you do not show good cause, you are "guilty of civil contempt and, shall be fined not more than $1,000." Section 52-1-7(c) repeats the $1,000 civil contempt fine for failing to appear. Neither section provides a jail term. The qualification form has its own rules in § 52-1-5a: you are directed to return it within 10 days after you receive it, a person who does not return it is directed to appear before the clerk to fill it out, and willfully misrepresenting a material fact on the form or in a clerk or court interview to avoid or secure jury service is a misdemeanor punishable by a fine of up to $500, up to 30 days in jail, or both. If you missed your date, contact the circuit clerk right away.

How long jury duty lasts and how often you can be called

Under § 52-1-23, in any two-year period a person may not be required:

• to serve or attend court for prospective service as a juror more than 30 court days, except if necessary to complete service in a particular case;
• to serve on more than one grand jury;
• to serve as both a grand and petit juror; or
• to serve as a petit juror at more than one term of court.

The statute does not define how long a term of court lasts; that is set locally. Separately, the two-year prior-service rule in § 52-1-8(b)(4) disqualifies you if you were summoned, attended and were reimbursed as a juror within the preceding two years.

How to respond to a West Virginia jury summons

1. Sign in to the statewide Juror Online Response Portal with the badge number printed near the bar code on your form and your date of birth, and complete the questionnaire.
2. If you cannot respond online, complete and submit the questionnaire and profile portion of your summons by mail, fax or email. The statute directs you to return the form within 10 days after you receive it (§ 52-1-5a(a)).
3. If you are 70 or older and want to be excused, mark that choice on the questionnaire.
4. For any other excuse, put your request in writing to the presiding circuit judge, as the Judiciary's jury page advises, and include supporting documents.
5. Tell your immediate supervisor about the summons the next day you work (§ 52-1-21).

A note on scams

The Judiciary's jury information page we reviewed does not carry a scam warning. Courts generally contact jurors by summons and questionnaire, as § 52-1-7(b) describes. For how fake jury-duty calls and fines work, see our guide to government impersonation scams and our page on West Virginia scam and fraud laws.

Recent changes

• June 11, 2026: Senate Bill 800 (Acts 2026, ch. 86) took effect. It amended several sections of Chapter 52, Article 1, including §§ 52-1-7 and 52-1-8, and repealed §§ 52-1-7a and 52-1-25. The bill is mostly about jury wheel and list administration; § 52-1-7(c), as reenacted, still carries the $1,000 civil contempt fine for failing to appear. This page reflects the code as amended.
• Juror pay bill did not pass: Senate Bill 549 (2026), which would have phased in a higher daily juror rate, passed the Senate in February 2026 and was sent to House Finance with no further action, so it did not become law. The $15 to $40 range in § 52-1-17 still applies.
• Expungement bill did not pass: House Bill 4098 (2026), on expungement and jury service, passed the House in February 2026 but did not pass the Senate.

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

Related pages

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

Last updated: October 7, 2026.

Frequently Asked Questions

How much does jury duty pay in West Virginia?

W. Va. Code § 52-1-17 sets reimbursement at $15 to $40 per day, chosen by the circuit, plus mileage. The West Virginia Judiciary says jurors are reimbursed $40 a day plus round-trip mileage.

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

Yes, if you ask. A juror 70 or older is still qualified, but the court shall excuse you on request (§ 52-1-8(c)). Mark that choice on the qualification questionnaire.

How do I get excused from jury duty in West Virginia?

The jury statute exempts no qualified juror (§ 52-1-10). Put a written request to the presiding circuit judge showing undue hardship, extreme inconvenience or public necessity; the court decides and may set a later date (§ 52-1-11(b)).

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

West Virginia's jury statute does not require private employers to pay wages for time away on jury service (§ 52-3-1(b)). Your employer may not cut your regular pay for time you were not actually away.

Can I be fired for jury duty in West Virginia?

No. Under § 52-3-1 you can sue an employer who fires, threatens or otherwise discriminates against you for jury service, and the court may order reinstatement with or without back pay. The employer also faces a $100 to $500 civil contempt fine.

Can a felon serve on a jury in West Virginia?

A conviction for a crime punishable by more than one year, or for perjury or false swearing, disqualifies you unless it was expunged or set aside or you later received an unconditional pardon (§ 52-1-8(b)(6)).

What happens if I miss jury duty in West Virginia?

The court orders you to appear and show cause. Without good cause, you are guilty of civil contempt and may be fined up to $1,000 (§ 52-1-24).

Are National Guard members exempt from jury duty in West Virginia?

Not automatically. The court may excuse a current member of the National Guard or reserves (§ 52-1-11(c)). Federal law separately lets a branch Secretary exempt an active-duty service member (10 U.S.C. § 982).