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denise

Joined: 23 Apr 2003 Posts: 3419 Location: finally home-ish
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Posted: Mon Apr 26, 2010 11:55 am Post subject: Americans--jury duty?!? |
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How do you get out of it? I was summoned a few months ago, but thanks to a technicality (my parents' little enclave, while in the same city, is technically across the county line), I got off. Still, my poor mom had to make a number of phone calls, go to the courthouse, etc., etc. And it was only a temporary fix to get me excluded just that one time.
Well, sure enough, just a few months later, I've been summoned again! I'm doing the same thing--saying that I don't actually live in the county. There are exemptions for military personnel serving abroad, but I didn't see any little box to tick for anyone else who works abroad. And once again, my dear mom will be making phone calls, visiting court houses, etc.--I'm sure she can think of better things to do with her time!
How do the rest of you deal with it?
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powerrose
Joined: 14 Apr 2003 Posts: 119 Location: Shenzhen, China
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Posted: Mon Apr 26, 2010 12:37 pm Post subject: |
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That's weird. We went in person because we were summoned right before we left the country and they accepted us verbally saying we were moving to China. And that was in New York City, which has worse red tape than China in most cases.
Could you call via skype and ask them if mailing back the form with a China lease might suffice? |
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naturegirl321

Joined: 04 May 2003 Posts: 9041 Location: home sweet home
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Posted: Mon Apr 26, 2010 1:33 pm Post subject: |
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Ignore it. If problems arise, you show them your passport. Since you're not in country, you can't get the phone messages or letters that they sent to your parents. |
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fladude
Joined: 02 Feb 2009 Posts: 432
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Posted: Mon Apr 26, 2010 5:40 pm Post subject: |
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The best thing to do is to contact the district, or judge, who issued the summons and let them know that you are out of the country. |
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denise

Joined: 23 Apr 2003 Posts: 3419 Location: finally home-ish
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Posted: Tue Apr 27, 2010 3:13 am Post subject: |
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naturegirl321 wrote: |
Ignore it. If problems arise, you show them your passport. Since you're not in country, you can't get the phone messages or letters that they sent to your parents. |
Ignore it?!? Sorry, but I guess I am too much of a law-abiding goody-two-shoes. And the little "contempt of court" clause also makes me prefer to deal with it--especially given that I do plan on living in the US again within a few years. And yes, I can get the forms. My mom emailed one to me, I printed and signed it and scanned it, and emailed it back to her. But again it will only be a short-term fix.
Mom did suggest that the problem is the population of the county--it's nothing like New York, where they have millions to choose from.
Skype is blocked here--hence mom making the calls for me. Sorry, mom!
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fluffyhamster
Joined: 13 Mar 2005 Posts: 3292 Location: UK > China > Japan > UK again
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Posted: Tue Apr 27, 2010 3:27 am Post subject: |
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How can the US government possibly expect you to effectively give up your job? By rights, you should be exempt until you are actually resident again - I mean, it's not like the government of/employers in the foreign country you're currently living in are bound by some (reciprocal, international) law to somehow keep your job open for you, right? Which is all a way of saying that there must surely be some mention of this sort of situation (or, at least what you'd be reimbursed and/or compensated for) somewhere in the regs or guidelines...but the problem of course is that if your mum mentions the true facts of the case you could end up with no wriggle room/get-outs at all! Hmm, indeed tricky... |
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natsume
Joined: 24 Apr 2006 Posts: 409 Location: Chongqing, China
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Posted: Tue Apr 27, 2010 6:26 am Post subject: |
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Hmm, I have never even considered this. The county of San Francisco, at least the election department, knows I live in Japan, so it would be odd if they sent something to my last address, but I suppose they might send something to my Japan address. I "borrowed" a friend's address in another county when I renewed my driver's license, so I guess I should tell them to keep a heads up for that.
I'm with Denise on staying aboveboard on this. There is also the notion of "civic duty" to consider. I know it is a huge pain in the ass and unfair for many working people, but I was lucky enough to work for a fully supportive company the one time I was called for a trial that lasted about 3 weeks. I think everybody should do it at least once, if they can.
This is from the California jurors website:
"Exemptions/excuses/postponements: By law, no one who meets the basic criteria is automatically exempted from service. The law does provide for hardship excuses. Hardship is defined by law and includes no reasonable transportation, excessive travel, extreme financial burden..."
It then goes on to say you must contact your local (county) jury office to explain your reasons for an exemption. I believe buying a last minute plane ticket from Japan and traveling halfway around the world can be reasonably defined as a "hardship" under these definitions, but it looks like the onus is on me to contact them first. |
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naturegirl321

Joined: 04 May 2003 Posts: 9041 Location: home sweet home
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Posted: Thu Apr 29, 2010 1:16 pm Post subject: |
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denise wrote: |
naturegirl321 wrote: |
Ignore it. If problems arise, you show them your passport. Since you're not in country, you can't get the phone messages or letters that they sent to your parents. |
Ignore it?!? Sorry, but I guess I am too much of a law-abiding goody-two-shoes. And the little "contempt of court" clause also makes me prefer to deal with it--especially given that I do plan on living in the US again within a few years. And yes, I can get the forms. My mom emailed one to me, I printed and signed it and scanned it, and emailed it back to her. But again it will only be a short-term fix. |
If you don't LIVE in the US, then techincally, you can't even receive the notice now can you?  |
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natsume
Joined: 24 Apr 2006 Posts: 409 Location: Chongqing, China
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Posted: Thu Apr 29, 2010 10:10 pm Post subject: |
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naturegirl321 wrote: |
If you don't LIVE in the US, then techincally, you can't even receive the notice now can you?  |
In California, they use department of motor vehicle and voter registration information to determine where you live.
As stated in my last post, although the election department in the county of San Francisco knows I live in Japan, my California driver's license has a California address. That's where they will send a jury summons. I thought the rest of my post was clear. It is my responsibility to let the county know I do not actually reside at my driver's license address. |
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veiledsentiments

Joined: 20 Feb 2003 Posts: 17644 Location: USA
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Posted: Fri Apr 30, 2010 2:23 am Post subject: |
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I live in the US full time now and I was called for duty about three years ago. But, I go south for the winter, so I wouldn't be in the state during the period that they wanted me. I called and told them that I was leaving on X date and would return in approximately four months. They said... "OK... fine." I've never heard back from them.
I know many people who winter in their RV and have their mail forwarded. If they get a summons, they just call or write and tell them that they are not in the state.
Once when I was overseas in the previous state where I owned property and had a driving license, my neighbor got my summons when she checked my mail for me. She called and told them that I taught overseas. They said... "OK... fine."
There is no problem here. There are tens of thousands of us with active US licenses and official US addresses. I have never heard of anyone getting into any kind of problem concerning jury duty. It is not our responsibility to return to the country for this...
One is only guilty of contempt of court if you intentionally lie to them about your ability to serve.
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denise

Joined: 23 Apr 2003 Posts: 3419 Location: finally home-ish
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Posted: Fri Apr 30, 2010 7:10 am Post subject: |
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Naturegirl--despite my physical absence, I am still a resident, citizen, registered voter, driver, etc. in the US. I can and do receive all sorts of legal-ish mail. Ignoring it is simply not an option. Or not one that I will consider.
I can use the "but I'm abroad" excuse each time the issue arises, and it does work--but are there any longer-term solutions?
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veiledsentiments

Joined: 20 Feb 2003 Posts: 17644 Location: USA
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Posted: Fri Apr 30, 2010 6:50 pm Post subject: |
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I doubt that there is... and I suspect that a very large proportion of the summonses that they send out are not responded to at all... and nothing happens. Our law enforcement people can't even keep up with actual crimes...
In the last 40+ years that I have been eligible, I have received or known of exactly two summonses... and I never spent even a second worrying about it in the 15+ years that I was overseas.
If I missed any along the way, I never heard anything about it... and neither will you.
VS
(BTW... my mother got a summons once and she called them and reported that she had a weak bladder and couldn't sit for hours listening to the proceedings... so they removed her from their lists. It was actually true, but they never asked for proof) |
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