Jury Information - Santa Clara County Superior Court

Civil Grand Jury: If you are interested in reading a Civil Grand Jury report, making a complaint for the Civil Grand Jury to investigate, or applying to serve on a Civil Grand Jury, please visit the Civil Grand Jury section of this web site.

The Superior Court of California, County of Santa Clara, has learned that persons representing themselves as court officials may be contacting prospective jurors and asking for personal information. Please be advised that official Court personnel do not request personal information from jurors by telephone.

Should you receive a telephone call from someone identifying themselves as a court employee and requesting personal information such as a social security number, date of birth, credit card numbers, etc. please contact the fraud unit at your local law enforcement agency. Please also contact our Jury Services Unit for the Superior Court of California, County of Santa Clara at (408) 882-2500.

The right to a trial by jury is a privilege that applies to both criminal and civil cases and is recognized as the foundation of the American court system, guaranteed by both the United States and California Constitutions. Jury trials cannot be held unless people like you are willing to perform their civic duty. Jurors are essential to the administration of justice.

Slideshow on Jury Duty: Watch a 14-minute "Juror Orientation Video" prepared by the State Judicial Council. Click the arrow or "next picture" link under the photos to view the slideshow, which covers jury selection, the trial, and jury deliberations afterwards. Learn about the people you might meet during jury duty, such as the bailiff, court reporter, court clerk, attorneys, and the judge.

If you are called for jury duty, you will have many questions- from where you should report to what will happen during a trial if you are chosen to serve. Most of these steps are set by state law and a few court rules. What you read here should cover most of your questions when called to serve in the Superior Court of California, although each county may be slightly different.

1.	Who may be called to serve as a juror? You may be called to serve if you are 18 years old or older, a United States citizen, and resident of the county or district where summoned. You must be able to understand English, and be physically and mentally capable of serving. In addition, you must not have served as any kind of juror during the past 12 months, nor have been convicted of a felony.
2.	How did my name get selected for jury duty? Jurors' names are selected at random from lists of registered voters. In addition, the law provides that the courts may use the names of all persons who have driver's licenses or identification cards issued by the Department of Motor Vehicles. The courts may use other sources such as customer mailing lists, telephone directories, and utility company lists. So you may be called even if you allow your name to be dropped from the list of registered voters.
3.	How long will my name be on the prospective juror's list? Your name will remain on the court's jury list for at least one year, and you may be called for jury duty at any time during that year. If you are not called one year, your name may be placed on next year's list.
4.	When I am summoned as a juror, what should I do? READ the summons and juror information form. Complete the juror information section, date and sign it. Bring the summons form with you when reporting. Keep the summons portion and parking permit for your future use. Your juror group number and future instructions are located on the summons portion. Check your status at this website or by phone, per the instructions on your summons. The parking permit lists the addresses of the courthouses for the Superior Court of California, County of Santa Clara. In Santa Clara County trials are held at different locations.
5.	What happens if I do not respond to the jury summons? For your information, California Code of Civil Procedure Section 196 {c} provides that "Any person who fails to respond to jury commissioner or court inquiry as instructed, may be summoned to appear before the jury commissioner or the court to answer such inquiry." California Code of Civil Procedure Section 209 provides that "Any prospective trial juror who has been summoned for service, and who fails to attend upon the court as directed or to respond to the court or jury commissioner and to be excused from attendance, may be attached and compelled to attend; and, following an order to show cause hearing, the court may find the prospective juror in contempt of court, punishable by a fine of up to $1,500, or 5 days in the county jail, or both." [CCP 1218(a)]
6.	May I postpone my jury service to a more convenient time? You may request to reschedule your jury service to a more convenient time. Usually it must be rescheduled during the same year and not exceed 90 days from the date of your summons. Jurors are allowed one postponement. Mail your request for postponement to the Jury Commissioner's Office.

7.	Do I get paid for jury duty? Payment to jurors begins on the second and subsequent days. You will not get paid on the first day of service. The minimum amount paid is set by the State Legislature. Counties may pay more but never less. Your court may also pay for some travel costs. This county pays $15.00 per day plus 34¢ per mile one-way from home.
8.	Does the Court pay for meals? No. Meals are not provided during a trial or during deliberations.
9.	How can I be a juror if my boss won't let me off? Employers must allow employees time off to serve on a jury. The California Labor Code Section 230 prohibits any employer from firing or harassing an employee who is summoned to court for jury services as long as reasonable notice is given. If you are a teacher or student, you are protected by California Education Code Sections 44037 and 87306. If you are concerned that jury duty has negatively impacted your employment, the Department of Labor Standards Enforcement (DLSE) can provide assistance. A Senior Labor Commissioner will respond to questions at DLSE2@dir.ca.gov. Some employers may pay the difference between your jury allowance and salary. For example, if your salary for the day is $35.00 and the jury fee is $15.00, your employer may pay $20.00. However, this is not required by law, but many contracts require the pay differential.
10.	What should I wear to court? Dress as you would to go to a business meeting or social function. Do not wear shorts or tank tops. Check with the Jury Commissioner's Office if you have any doubts.

11.	Is there any special way I must act in court? Be alert and courteous. You may bring a book or newspaper to read while you're waiting for court to begin, or during recesses, but don't read while court is in session. Be sure to turn off all cell phones and audible pagers in the courtroom. Eating and chewing gum is not permitted.
12.	How much of my day will jury service take? You should plan to attend court as a juror all day from approximately 8:00 - 5:00 p.m., depending on the court's schedule. Civil cases will last from one to two weeks or sometimes longer. The average length is around five days. Criminal cases generally last from two to three weeks or sometimes longer.
13.	Why are there such long breaks and lunch hours during a trial? The judge may have to set the next day's calendar and dispose of other cases. Attorneys may need time to prepare their witnesses and other aspects of the case. Court Committees that are involved in the decision making process of the Court meet during the noon hour.
14.	What happens if I'm late? Contact the Jury Commissioner's Office as soon as you know that you are going to be late. If you are already assigned to a courtroom, contact the Jury Commissioner's Office or the clerk of the court and explain your situation. Remember the trial cannot proceed until everyone is present. If you don't have a good excuse, the judge may fine you for being late.
15.	Is it true that I must not discuss the case with anyone while it's in progress? Do not talk to anyone about the case until you are discharged from the jury, not even the lawyers or the judge, except through the bailiff. Discussions with others can cause a mistrial because the juror gained evidence outside the record. If any person persists in talking to you about the trial or attempts to influence you as a juror, tell the bailiff. During deliberations at the end of the trial, of course, you will discuss the case with other jurors in order to reach a verdict.

16.	May I investigate some parts of the case that aren't brought out by the attorneys on my own? No. Under no circumstances should you investigate the case on your own, either alone or with other jurors. You may not talk to witnesses, or do independent experiments. Your verdict must be based only on evidence produced in court. This prevents a trial based on secret evidence. If you violate this rule, you could cause a mistrial.
17.	Why do attorneys talk with the judge out of the jurors' hearing? If this happens, do not feel slighted or guess what is being said. Such conferences are held to discuss legal issues or to agree upon points of evidence. These conferences often help speed up the trial or avoid the possibility of a mistrial.
18.	Who can I write with suggestions about my jury service? The Presiding Judge or the Jury Commissioner, at mailing address 191 North First Street, San Jose, CA 95113.

Prospective jurors are paid $15.00 per day and 34 cents per mile, one way from home. There is no payment for the first day of service. Payment begins with the second and subsequent days of service.

Effective August 16, 2004, if a prospective juror is employed by any government agency and receives regular compensation and benefits while performing jury service, they will not be paid the $15.00 per day jury fee. If a prospective juror works for: the federal, state, or local government, or any other public entity as defined in Code of Civil Procedure section 481.200, such as:

Mileage is automatically tabulated by computer according to the juror's home zip code. "Service" is defined as physically reporting to the courthouse. Days spent on telephone standby do not count as service payment days.

Jury payroll is processed every two weeks. It is possible that a juror will receive more than one paycheck for jury service. Payroll checks are not forwarded by the post office. Therefore, it is important that the jury office has the juror's correct name and address, in order to make sure that checks are delivered in a timely manner.

If the recorded message instructs you to report to the courthouse for jury duty and, after reporting, you are not assigned to a courtroom that day, your jury service is complete at the end of the day. You will not be required to continue to call the recorder or access the court website. If you are assigned to a courtroom, your service is required until you are excused from jury selection. If you are selected as a sworn juror or as an alternate juror, you must serve for the entire trial, however long. If you are not initially needed to report to the courthouse, you may be required to remain on telephone standby and be instructed to call the recorded message daily or access the court website for a maximum of five (5) working days.

When you enter the courthouse, you will go through airport-type security screening. You will walk through a metal detector and your handbags, briefcases, backpacks and containers will be x-rayed. These devices are harmless and present no health hazard.

Knitting needles, nail clippers, scissors, knives or weapons of any type, including but not limited to guns, stun guns, mace or other caustic materials, are not allowed in any courthouse. Items deemed a hazard by officers will be retained at the security center and returned to you when you exit the courthouse. Alcoholic beverages are also prohibited.

Cameras may not be brought into the courthouse or courtroom without advance arrangement with the Court. Cell phones and other personal data devices that have recording, photographic, or other visual or image recording or reproduction capability, are allowed in the courtroom as long as they are turned off. Use of any such devices in a courtroom is expressly prohibited unless there is prior approval by the judge in the courtroom where the device is present.

The reason we have trials is to allow two or more parties to have their dispute settled by a court. Some lawsuits are decided by the judge alone; others are decided by a jury. A jury is a body of citizens from the community sworn to make an impartial decision based on the evidence presented during a trial.

Jurors serve in two kinds of cases -- civil and criminal. In a civil case, one person or entity (for example, the plaintiff) asks the court to protect some right or to help recover money or property from another the defendant. In a criminal case, the State of California (the plaintiff) charges that a person (the defendant) committed a crime and asks that the defendant be fined or sent to jail or prison.