Jury Duty in New Mexico

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

Short answer: A person who served on a state or federal petit or grand jury within the preceding thirty-six months is exempt on request, and a person seventy-five years of age or older who asks the local court is permanently exempt (§ 38-5-2(A)-(B)). NMSA 1978, §§ 38-5-2, 38-5-10

Who can be excused from jury duty	A person who served on a state or federal petit or grand jury within the preceding thirty-six months is exempt on request, and a person seventy-five years of age or older who asks the local court is permanently exempt (§ 38-5-2(A)-(B)). A judge may excuse a person when service would cause undue or extreme physical or financial hardship to the person or someone in their care, in an emergency, or on other satisfactory evidence; being absent from work alone is not a hardship (§ 38-5-2(C), (G)). Use the form sent with the summons to claim an exemption (§ 38-5-10), and get a ruling no later than the date you are scheduled to appear (§ 38-5-2(D)). Read in the NMSA 1978 unannotated compilation, Chapter 38 (Trials), on NMOneSource. Source: NMSA 1978, §§ 38-5-2, 38-5-10
Penalty for skipping jury duty	A willful failure to appear as ordered in a jury summons is a petty misdemeanor in New Mexico (§ 38-5-10). A petty misdemeanor is punishable by up to six months in county jail, a fine of up to $500, or both (§ 31-19-1). Source: NMSA 1978, §§ 38-5-10, 31-19-1
Jury duty pay and your job	An employer may not fire, threaten, or coerce an employee because the employee receives or answers a jury summons, serves as a juror, or attends court for jury selection, and may not require or ask the employee to use annual, vacation, or sick leave for that time (§ 38-5-18). An employer who violates this is guilty of a petty misdemeanor (§ 38-5-19). The statute does not require employers to pay wages. Jurors are paid for their time at the highest prevailing state minimum wage rate, plus mileage for travel over forty miles round trip (§ 38-5-15). Source: NMSA 1978, §§ 38-5-15, 38-5-18, 38-5-19

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FAQ

Who is exempt from jury duty in New Mexico?

A person who served on a state or federal petit or grand jury within the preceding thirty-six months is exempt on request, and a person seventy-five years of age or older who asks the local court is permanently exempt (§ 38-5-2(A)-(B)). A judge may excuse a person when service would cause undue or extreme physical or financial hardship to the person or someone in their care, in an emergency, or on other satisfactory evidence; being absent from work alone is not a hardship (§ 38-5-2(C), (G)). Use the form sent with the summons to claim an exemption (§ 38-5-10), and get a ruling no later than the date you are scheduled to appear (§ 38-5-2(D)).

What happens if you miss jury duty in New Mexico?

A willful failure to appear as ordered in a jury summons is a petty misdemeanor in New Mexico (§ 38-5-10). A petty misdemeanor is punishable by up to six months in county jail, a fine of up to $500, or both (§ 31-19-1).

Does your employer have to let you serve on a jury in New Mexico?

An employer may not fire, threaten, or coerce an employee because the employee receives or answers a jury summons, serves as a juror, or attends court for jury selection, and may not require or ask the employee to use annual, vacation, or sick leave for that time (§ 38-5-18). An employer who violates this is guilty of a petty misdemeanor (§ 38-5-19). The statute does not require employers to pay wages. Jurors are paid for their time at the highest prevailing state minimum wage rate, plus mileage for travel over forty miles round trip (§ 38-5-15).

Last verified against official sources: October 27, 2026.

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