Many courts make room for parents and caregivers, with different age limits. Texas exempts people with legal custody of a child under 12 who would be left without adequate supervision1. New York may excuse a primary caregiver when no other care is available2. Federal districts set their own rules3.
Child age limits where a rule sets one
Eastern District of New York
If the child's health or safety would be jeopardized; the district's summons page adds conditions, so check it5
Georgia state courts
Primary caregiver with active care and custody and no reasonable alternative child care, by affidavit6
Caring for an adult
Texas exempts the primary caretaker of a person who cannot care for themselves1. Both New York federal districts excuse, on request, people essential to the care of aged or infirm persons54.
Common situations
IfYou work outside the home and your child is in day care (Dallas County)
Texas law asks whether serving would leave a child under 12 in your legal custody without adequate supervision1. Dallas County's guidance says the exemption generally does not apply in this situation7; if your child care won't cover the hours you'd serve, explain that to Jury Services in writing before your date.
IfYou are the primary caregiver in New York
IfYou are breastfeeding and summoned by a New York State court
With a note from a doctor or nurse practitioner, you must be excused or postponed9.
By court
| Court | Children | Adults in your care |
|---|---|---|
| New York State courts | Excuse possible if no alternative care2 | Same2 |
| Texas state courts | Exemption, child under 121 | Exemption for primary caretaker1 |
| Federal: New York districts | Under 10 (Eastern) or under 12 (Southern), on request54 | On request, if essential to their care54 |
| California state courts | Courts may excuse you if no comparable substitute care is available10 | Same10 |
| Georgia state courts | Primary caregiver with active care and custody of a child six or younger, and no reasonably available alternative child care: excused or deferred on request, with the court's affidavit6 | If you are the primary unpaid caregiver and no one else can provide care: excused or deferred on request, with the court's affidavit and a physician's or other medical provider's statement11 |
Rules for more states are being added as their research is completed.
What to do next
- Check the caregiver option on your summons and the age limit that applies.
- Ask before your date, and explain why no one else can provide care.
- If you are refused, postpone to a time when care is available.
Related
Sources
11 sources, with the exact sentence each rule comes from. Georgia statute text is quoted from Justia's copy of the 2025 Official Code of Georgia
- Tex. Gov't Code § 62.106 – Exemption from Jury Service. Tex. Gov't Code § 62.106(a)."(a) A person qualified to serve as a petit juror may establish an exemption from jury service if the person: (1) is 75 years of age or older; (2) has legal custody of a child younger than 12 years of age and the person's service on the jury requires leaving the child without adequate supervision; (3) is a student of a public or private secondary school; (4) is a person enrolled and in actual attendance at an institution of higher education; (5) is an officer or an employee of the senate, the house of representatives, or any department, commission, board, office, or other agency in the legislative branch of state government; (6) is summoned for service in a county with a population of at least 200,000, unless that county uses a jury plan under Section 62.011 and the period authorized under Section 62.011(b)(5) exceeds two years, and the person has served as a petit juror in the county..."
- 22 NYCRR Part 128 – Uniform Rules for the Jury System. 22 NYCRR Part 128, Appendix A, II.B.1."A statement by the applicant that he or she is the primary caregiver"
- 28 U.S. Code § 1863 - Plan for random jury selection (LII). 28 U.S.C. § 1863(b)(5)(A)."(A) except as provided in subparagraph (B), specify those groups of persons or occupational classes whose members shall, on individual request therefor, be excused from jury service. Such groups or classes shall be excused only if the district court finds, and the plan states, that jury service by such class or group would entail undue hardship or extreme inconvenience to the members thereof, and excuse of members thereof would not be inconsistent with sections 1861 and 1862 of this title."
- Amended Plan for the Random Selection of Grand and Petit Jurors, S.D.N.Y. (M-10-468). SDNY Amended Jury Plan Art. VI."(1) Persons over 70 years of age; (2) Persons having legal custody and active daily care of a child or children under the age of 12 years; or who are essential to the daily care of aged or infirm persons; (3) Persons who have satisfactorily served as grand jurors or as petit jurors in a State or Federal court within the past 2 years; (4) Volunteer safety personnel who serve without compensation as firefighters or members of a rescue squad or ambulance crew for a public agency; (5) Persons as to whom a judge finds, for reasons other than the foregoing, that jury service would constitute undue hardship or extreme inconvenience."
- EDNY Jury Selection Plan (As amended, January 31, 2023). EDNY Jury Selection Plan § 7."(1) Persons over 70 years of age. (2) Actively engaged members of the clergy. (3) Persons having active care and custody of a child or children under 10 years of age whose health and/or safety would be jeopardized by their absence for jury service; or a person who is essential to the care of aged or infirm persons. (4) Actively practicing attorneys, physicians, dentists, and registered nurses. ... (5) Persons who have served as a grand or petit juror in a state or federal court within the preceding two years. (6) Any person whose services are so essential to the operation of a business, commercial, or agricultural enterprise that it must close if the person were required to perform jury duty."
- Justia - 2025 Code of Georgia (O.C.G.A.) - O.C.G.A. § 15-12-1.1. O.C.G.A. § 15-12-1.1(a)(3)."(3) Notwithstanding paragraph (1) of this subsection, any person who is the primary caregiver having active care and custody of a child six years of age or younger, who executes an affidavit on a form provided by the court stating that such person is the primary caregiver having active care and custody of a child six years of age or younger and stating that such person has no reasonably available alternative child care, and who requests to be excused or deferred shall be excused or deferred from jury duty."
- Dallas County Jury Services - Exemptions. Dallas County Jury Services, Exemptions page; Tex. Gov't Code § 62.106."This exemption does not apply to those who work outside the home during normal business hours. It does not apply if children are in a day care facility."
- Kings County Clerk - Jury Service (legacy page). Kings County Clerk jury page."If you are the main caregiver of your child, or children under 14 years of age or a family member older than 14"
- N.Y. Judiciary Law § 517. N.Y. Judiciary Law § 517(a)(1),(2)."provided that if the prospective juror is a breastfeeding mother and submits with her application a note from a physician or nurse practitioner indicating that the prospective juror is breastfeeding, the commissioner shall excuse the prospective juror or postpone the time of jury service."
- Cal. Rules of Court, rule 2.1008. Cal. Rules of Court, rule 2.1008(d)."An excuse on the ground of undue hardship may be granted for any of the following reasons: ... (2) The prospective juror must travel an excessive distance. Unless otherwise established by statute or local rule, an excessive distance is reasonable travel time that exceeds one-and-one-half hours from the prospective juror's home to the court. (3) The prospective juror will bear an extreme financial burden. ... (7) The prospective juror has a personal obligation to provide actual and necessary care to another, including sick, aged, or infirm dependents, or a child who requires the prospective juror's personal care and attention, and no comparable substitute care is either available or practical ..."
- Justia - 2025 Code of Georgia (O.C.G.A.) - O.C.G.A. § 15-12-1.1. O.C.G.A. § 15-12-1.1(a)(5)."Any person seeking the exemption shall furnish to the court, in addition to the aforementioned affidavit, a statement of a physician, or other medical provider, supporting the affidavit’s statements related to the medical condition of the person with physical or cognitive limitations."
Reviewed by Roger K. Neustadt, JD, attorney admitted in Georgia. Verified November 10, 2026.
Roger K. Neustadt is admitted in Georgia; pages about other states and federal courts are general information checked against official sources. How we check every rule: editorial policy. Spotted something out of date? Tell us.
This page explains the law in general terms and is not legal advice. Jury Duty Explained is not affiliated with any court. Your summons and your court's instructions control, so check them first.