Summoned for jury duty in Puerto Rico: what to do, what you are paid, and what happens if you skip it

A jury is a group of 12 people representative of the community, selected at random, who judge the facts of a case based on the evidence presented in court. The Constitution of Puerto Rico, Article II, Section 11, guarantees anyone accused of a felony the right to trial before an impartial jury, and that right also reaches misdemeanours carrying more than six months. Representative means jurors are drawn from the judicial region where the crime was committed. Impartial means they are neutral, with no prior opinion of the case and no personal, economic, political, social or cultural interest that could affect how they judge. That is why knowing law is not needed — and not desirable: the judge gives the jury the law it needs to do its job.

The five eligibility requirements are: being 18 or older; being able to read and write Spanish; having lawfully resided in Puerto Rico for a year and lived 90 days in the judicial region where the trial will be held; not having been convicted of a felony or any other crime involving moral turpitude; and being physically and mentally fit to serve. There is no upper age limit as long as the requirements are met. Exemption can be requested by attorneys admitted and in active practice along with their law clerks, secretaries and stenographers; anyone who at the time of the summons is serving as a juror in the United States District Court for Puerto Rico; and any breastfeeding woman. In all those cases evidence must be presented.

• Returning the Jury Bureau’s questionnaire completed and signed: it is mandatory, and it is how the Bureau determines whether you are eligible.Verified against the official source
• Filling in your contact information, including mobile phone and email: that is how the court’s notices arrive.Verified against the official source
• If you believe you do not meet the requirements, submitting evidence proving it along with the completed questionnaire.Verified against the official source
• The medical certification on the back of the questionnaire can only be completed by a health professional, never by the candidate.Verified against the official source
• Telling your employer the date you were summoned for, and afterwards giving them the court’s certificate of appearance detailing days and hours.Verified against the official source
• Appearing for as long as jury selection lasts; if selected, you remain in the role for the duration of the trial.Verified against the official source

• The jury-candidate questionnaire, completed and signed.
• If you have a health condition that incapacitates you: the Medical Certification on the back of the questionnaire, completed by your physician or health professional.
• If you no longer live in Puerto Rico: the completed questionnaire plus evidence of your address outside Puerto Rico, such as a copy of a photo ID and copies of water, power or phone bills.
• To request an exemption or postponement: the corresponding evidence, presented to the judge presiding over the trial.

1. 1

   Step 1: First comes a questionnaire, not a summons

   The Jury Bureau keeps a computerized register of potential jurors fed by the State Elections Commission, the DTOP and other sources; nobody is added on their own or anyone else’s request. From that register a computer picks names at random and sends them a questionnaire. Receiving the questionnaire does not mean you were selected as a juror: it means you will be evaluated. You must complete it, sign it and return it.

2. 2

   Step 2: Returning it is not optional

   If you do not return the completed questionnaire, a second one is sent or you are summoned before the court to justify the omission and comply before facing criminal process. If you do not appear for that summons, or you appear and refuse to give the information, you are charged under Ley 281-2003.

3. 3

   Step 3: If you no longer live in Puerto Rico, answer it anyway

   Complete the questionnaire and send evidence of your address outside Puerto Rico: a copy of a photo ID and copies of water, power or phone bills, or anything else proving it. Send it by email to cuestionariodejurado@poderjudicial.pr or by fax to (787) 758-1997.

4. 4

   Step 4: If your name is drawn, you are summoned ten days ahead

   Once the questionnaire is evaluated, if you are eligible a code is placed beside your name in the register. When your name is drawn at random to serve, you are notified at least ten days before the trial date, barring extraordinary circumstances. Summonses are issued by the court Clerk’s Office and may be delivered in person, by postal mail, email or phone call: all are official and compliance is mandatory.

5. 5

   Step 5: Tell your employer, and keep the certificate

   You have a duty to tell your employer the date you were summoned for, and the responsibility to give them the court’s certificate of appearance showing the time you attended, with days and hours detailed. That is what activates your jury leave.

6. 6

   Step 6: To be excused, ask on the day of the summons

   On the day of the summons you must present evidence to the court that you are not eligible. The court can only defer or postpone service for health reasons, illness or death of a family member, or serious damage or ruin to your property or property in your custody. The request is made to the judge presiding over the trial, with medical evidence or other documents, and the judge reviews it in the presence of the prosecution and the defence. Inconvenience or disruption to business or personal matters is not necessarily grounds, and the health determination is judicial, not medical: advanced age, diabetes or hypertension do not automatically warrant exclusion or postponement.

7. 7

   Step 7: On trial day: the desinsaculación

   Summoned people arrive at the courthouse, fill out documents and enter the courtroom when the marshal indicates. There you find the prosecution — Department of Justice prosecutors — and the defendant’s legal representation. The judge gives general instructions and begins the desinsaculación or voir dire: selecting the 12 jurors and the alternates through questions under oath from the judge, the prosecutor and the defence. The questions cover experiences, background and beliefs; they may feel personal, but there is no wrong answer and what matters is honesty. The parties can request challenges — for cause, or peremptory ones the law grants without explanation — to excuse someone from that particular case.

8. 8

   Step 8: If selected: the trial and deliberation

   Selected jurors are sworn in and serve for the duration of the trial. The start time varies but falls between 8:30 am and 5:00 pm, and can run later if circumstances warrant. The essential role is to adjudicate facts: receive and weigh the admitted evidence and reach conclusions. To deliberate, the jury withdraws to a room where only its members will be, weighs the evidence and, applying the law as the judge instructed, issues a verdict. Once the verdict is delivered, the judge excuses and thanks the jury. Once excused, you are not called to serve again for five years.

The questionnaire goes back to the Jury Service Administration Bureau, under the Office of Court Administration; for those living outside Puerto Rico, by email to cuestionariodejurado@poderjudicial.pr or by fax to (787) 758-1997. Excuses and postponements are requested from the judge presiding over the trial, on the day of the summons. The Bureau publishes contacts by judicial region.

• Throwing out the questionnaire: returning it is mandatory, and not doing so can end in charges under Ley 281-2003.
• Believing the questionnaire means you were already selected as a juror: it only means you will be evaluated.
• Filling in the medical certification yourself: only a health professional can complete it.
• Leaving out your mobile number and email: that is how the court’s notices arrive.
• Thinking work is enough of an excuse: inconvenience or disruption to business or personal matters is not necessarily grounds.
• Not telling your employer or handing over the certificate of appearance, which is what activates jury leave.
• Assuming public employees are exempt: only those whose duties require it are excused, and it must be requested from the presiding judge.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  poderjudicial.pr

• Judiciary — Jury (Criminal cases)

  Poder Judicial

  poderjudicial.pr