Few pieces of mail produce quite the same reaction as a jury summons.

For lawyers, juries are an ordinary part of the judicial system. For everyone else, a jury summons can immediately raise practical questions: Do I actually have to go? Am I eligible to serve? What if I am over 75? What if I take care of a child? What if I know one of the parties?

Texas law distinguishes among several concepts that are easy to lump together: being qualified for jury service, being disqualified from a particular jury, and being legally entitled to claim an exemptionfrom jury service.

Those distinctions matter. Texas Government Code Chapter 62 contains surprisingly detailed rules governing who may—and sometimes who may not—sit on a Texas jury.

Jury Service Is More Than an Inconvenience

Jury service is one of the places where ordinary Texans directly participate in the judicial system.

In a civil lawsuit, the judge generally decides questions of law while the jury, when one is properly demanded, serves as the finder of fact. Jurors may decide whose testimony they believe, whether a party acted negligently, whether a contract was breached, or the amount of damages proved by the evidence.

Texas therefore does not simply permit anyone who walks into the courthouse to become a juror. Chapter 62 establishes statutory qualifications and disqualifications designed to create a legally competent and sufficiently impartial jury.

The Texas Legislature places the rules for petit juries in Title 2, Subtitle E of the Texas Government Code, which addresses juries within the judicial branch. (Texas Statutes)

Who Is Generally Qualified to Serve on a Texas Jury?

Texas Government Code § 62.102 establishes the general qualifications for jury service.

The statute requires, among other things, that a prospective juror meet statutory requirements concerning citizenship, age, residency, mental competence, literacy, and criminal history.

This is important because qualification is the starting point. A person ordinarily must first be legally qualified before questions about exemptions or suitability for a particular case become relevant.

A jury summons therefore does not necessarily mean that the recipient will ultimately serve on a jury. The summons begins a screening process.

Being Qualified Does Not Mean You Can Serve on Every Case

Texas law separately recognizes that someone who is perfectly qualified to be a juror generally may nevertheless be prohibited from serving in a particular lawsuit.

Texas Government Code § 62.105 provides:

“A person is disqualified to serve as a petit juror in a particular case” under specified circumstances. (Texas Statutes)

Those circumstances include situations in which the prospective juror is a witness in the case, has an interest in its subject matter, has a specified familial relationship to a party, possesses bias or prejudice concerning a party, or previously served as a juror in certain related proceedings. (Texas Statutes)

That distinction is significant.

Imagine that a person is a registered Texas voter, meets the age and residency requirements, can read and write, and otherwise satisfies every ordinary qualification for jury service.

That person might still be unable to serve on Smith v. Jones because Jones is a close relative or because the prospective juror has a financial interest in the outcome.

The problem is not that the person is generally incapable of being a juror. The problem is that he or she is not an appropriate juror in that particular case.

What Does “Bias or Prejudice” Mean for Jury Service?

One of the most important provisions of § 62.105 concerns bias or prejudice.

The statute disqualifies a person from serving in a particular case if that person:

“has a bias or prejudice in favor of or against a party.” (Texas Statutes)

This concept helps explain why voir dire is such an important part of a jury trial.

Lawyers are not merely asking prospective jurors questions to make conversation. Among other purposes, voir dire can expose circumstances that may legally prevent someone from serving or that may provide grounds for a challenge.

Having opinions about life, business, landlords, divorce, contracts, corporations, or lawsuits does not automatically make someone incapable of serving as a juror. The relevant inquiry can become considerably more specific: can the prospective juror fairly decide this dispute involving these parties based on the evidence and the court's instructions?

Texas Law Also Provides Jury-Service Exemptions

Disqualification should not be confused with an exemption.

Texas Government Code § 62.106 expressly provides that:

“A person qualified to serve as a petit juror may establish an exemption from jury service” if the statutory requirements are satisfied. (Texas Statutes)

Notice the wording.

The statute begins with someone who is otherwise qualifiedto serve. Texas law then allows certain qualified people to establish an exemption.

One of the best-known exemptions applies to age. Section 62.106 currently allows a qualified person who is 75 years of age or olderto establish an exemption from jury service. (Texas Statutes)

That does not mean a 75-year-old Texan is incapable of serving as a juror. Rather, Texas law gives a qualifying person the ability to claim the statutory exemption.

Why the Difference Between an Exemption and Disqualification Matters

Consider two hypothetical prospective jurors.

Juror A is 76 years old and otherwise fully capable of serving.

Juror B is 45 years old but is a witness in the lawsuit.

These situations are legally different.

Juror A may fall within a statutory exemption. Juror B may be disqualified from serving on that particular jury under § 62.105 because a witness in the case cannot simultaneously serve as one of its jurors. (Texas Statutes)

The everyday expression “getting out of jury duty” obscures these distinctions.

There can be a major difference between saying:

“I do not want to serve,”

“I qualify for a statutory exemption,”

and

“I am legally disqualified from serving in this case.”

What If You Know One of the Lawyers?

Knowing an attorney is not the same thing as being related to or biased toward one of the parties, and it does not automatically establish one of the disqualifications listed in § 62.105.

Nevertheless, prospective jurors should answer questions during jury selection truthfully and completely.

A seemingly minor relationship can become important depending on its nature. Someone who merely recognizes a lawyer from the neighborhood is in a very different position from someone who has had a longstanding professional or personal relationship with a participant in the case.

The court and attorneys need accurate information to determine whether a prospective juror can properly serve.

What If You Know Something About the Case Already?

Modern jury selection presents another practical problem: information is everywhere.

A prospective juror may have seen a social-media post, neighborhood discussion, online review, newspaper story, or other information relating to the people or events involved in litigation.

That does not necessarily resolve the legal question by itself, but it is information that should not be concealed during jury selection.

A juror's role is to decide the case from the evidence properly presented in court and the law provided by the judge—not from an independent internet investigation.

The safest approach for a prospective juror is therefore straightforward: answer the court's and attorneys' questions candidly rather than trying to decide personally whether a particular fact is important.

A Jury Summons Should Not Simply Be Ignored

Perhaps the most important practical lesson is that believing you qualify for an exemption is not the same thing as simply throwing away a jury summons.

Courts have procedures for responding to summonses and claiming available exemptions. Those procedures can vary depending on the court and county.

If a person believes that he or she is exempt, disqualified, unavailable, or otherwise unable to serve, the appropriate course is generally to follow the instructions provided with the summons and communicate with the court as required.

Ignoring court paperwork is rarely a good litigation strategy—and a jury summons is still official court business.

Jury Rules Protect the Litigants Too

Jury qualification statutes are sometimes discussed solely from the prospective juror's perspective: Do I have to serve?

But Chapter 62 also protects the people whose disputes are being decided.

Imagine losing a substantial property, contract, probate, or business dispute only to discover that one of the jurors had an undisclosed financial interest in the outcome or a prohibited relationship with one of the parties.

The integrity of a jury verdict depends in part on the legal qualifications and impartiality of the people deciding the facts.

That is why § 62.105 addresses matters such as financial interest, familial relationships, prior jury service involving the same factual questions, and bias or prejudice. (Texas Statutes)

Jury Selection Is Part Law and Part Human Judgment

Jury selection is unusual because it combines rigid legal rules with questions about human judgment.

Some issues are statutory. A prospective juror either falls within a legal disqualification or does not.

Other issues require considerably more examination.

A prospective juror might sincerely believe that he can be fair while simultaneously expressing an opinion that raises serious concerns for one side of the lawsuit. Attorneys therefore listen carefully not only to a prospective juror's ultimate statement that “I can be fair,” but also to the facts and beliefs revealed during voir dire.

That makes jury selection one of the most human parts of civil litigation.

The Bottom Line

Texas jury law is more nuanced than the familiar question, “How do I get out of jury duty?”

Texas Government Code Chapter 62 distinguishes among people who are generally qualified to serve, people who are disqualified from a particular case, and people who may claim statutory exemptions. Texas Government Code § 62.105, for example, addresses case-specific disqualifications involving witnesses, interests, certain relationships, bias or prejudice, and prior jury service, while § 62.106 creates statutory exemptions for otherwise qualified prospective jurors. (Texas Statutes)

For litigants, these rules help protect the right to have disputes decided by a legally qualified jury. For prospective jurors, they explain why receiving a summons does not necessarily mean that a person will ultimately sit through a trial—but also why a summons should not simply be ignored.

Texas jury service is both a civic obligation and a carefully regulated part of the judicial process.

This article is for general informational purposes only and is not legal advice. Jury procedures and the application of exemptions or disqualifications can depend on the particular court and circumstances.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.