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Jury Duty in Montana

Who can be excused from jury duty in Montana, what happens if you skip it, juror pay, and whether your employer must let you serve.

Short answer: The court or jury commissioner must excuse a person when jury service would be an 'undue hardship' for the person, a dependent, or the public the person serves; MCA § 3-15-313

Who can be excused from jury dutyThe court or jury commissioner must excuse a person when jury service would be an 'undue hardship' for the person, a dependent, or the public the person serves; an excuse may be granted to a breastfeeding mother or someone who must personally care for a sick, aged, or special-needs dependent when substitute care is unavailable or impractical (§ 3-15-313(1)). To ask, send an affidavit to the jury commissioner stating the facts (§ 3-15-313(2)). A person chronically incapacitated by illness or injury may ask for a permanent exclusion with a physician's certification (§ 3-15-313(3)). On request, a person 75 years of age or older must be excused (§ 3-15-313(5)).
Source: MCA § 3-15-313
Penalty for skipping jury dutyA summoned juror who willfully and without reasonable excuse fails to attend may be attached (brought in) and compelled to attend, and the court may impose a fine not exceeding $50. If the juror was not personally served, the fine may be imposed only after an order to show cause gives the juror a chance to be heard; the court may remit, modify, or refund the fine for good cause.
Source: MCA § 3-15-321
Jury duty pay and your jobJuror pay: a grand or trial jury panel member receives $12 per day plus mileage under § 2-18-503, and jurors selected for a case receive an additional $13 a day while serving (§ 3-15-201(1)). For state employees, juror fees are applied against the pay the employee is owed, unless the employee uses annual leave, and the employee keeps expense and mileage allowances (§ 2-18-619). Government employers may ask the court to excuse employees needed for the proper operation of a unit of state or local government (§ 2-18-619(3)).
State-employee rule: https://mca.legmt.gov/bills/mca/title_0020/chapter_0180/part_0060/section_0190/0020-0180-0060-0190.html
Source: MCA §§ 3-15-201, 2-18-619

More Montana criminal law

FAQ

Who is exempt from jury duty in Montana?
The court or jury commissioner must excuse a person when jury service would be an 'undue hardship' for the person, a dependent, or the public the person serves; an excuse may be granted to a breastfeeding mother or someone who must personally care for a sick, aged, or special-needs dependent when substitute care is unavailable or impractical (§ 3-15-313(1)). To ask, send an affidavit to the jury commissioner stating the facts (§ 3-15-313(2)). A person chronically incapacitated by illness or injury may ask for a permanent exclusion with a physician's certification (§ 3-15-313(3)). On request, a person 75 years of age or older must be excused (§ 3-15-313(5)).
What happens if you miss jury duty in Montana?
A summoned juror who willfully and without reasonable excuse fails to attend may be attached (brought in) and compelled to attend, and the court may impose a fine not exceeding $50. If the juror was not personally served, the fine may be imposed only after an order to show cause gives the juror a chance to be heard; the court may remit, modify, or refund the fine for good cause.
Does your employer have to let you serve on a jury in Montana?
Juror pay: a grand or trial jury panel member receives $12 per day plus mileage under § 2-18-503, and jurors selected for a case receive an additional $13 a day while serving (§ 3-15-201(1)). For state employees, juror fees are applied against the pay the employee is owed, unless the employee uses annual leave, and the employee keeps expense and mileage allowances (§ 2-18-619). Government employers may ask the court to excuse employees needed for the proper operation of a unit of state or local government (§ 2-18-619(3)).

Last verified against official sources: October 27, 2026.

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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.