Jury Duty in South Dakota

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

Short answer: A person 80 or older may ask to be excused, and the judge must give the request substantial weight. A mother breastfeeding a baby younger than one year, and a parent of a baby less than six weeks old (or expected to be born during or just before the jury duty), is exempt on a written… SDCL §§ 16-13-10, 16-13-10.3, 16-13-10.4

Who can be excused from jury duty	A person 80 or older may ask to be excused, and the judge must give the request substantial weight. A mother breastfeeding a baby younger than one year, and a parent of a baby less than six weeks old (or expected to be born during or just before the jury duty), is exempt on a written request to the clerk of court within ten days of receiving the summons. Clergy, and members of a church or religious organization, are exempt if jury service conflicts with their religious belief. To be eligible a person must be a county (or jury district) resident and citizen, 18 or older, of sound mind and able to read, write and understand English; a person with a felony conviction is not eligible unless civil rights are restored. Other sections: https://sdlegislature.gov/api/Statutes/16-13-10.html , https://sdlegislature.gov/api/Statutes/16-13-10.4.html Source: SDCL §§ 16-13-10, 16-13-10.3, 16-13-10.4
Penalty for skipping jury duty	A summoned juror who fails, refuses or neglects to appear, willfully fails to complete and return the jury questionnaire, or after appearing fails without good cause to attend as required, is guilty of contempt of court and may be fined $50 to $500. If the person still neglects or refuses to appear after a second order of attachment, the court may fine the person as above and jail the person for up to ten days in county jail. Source: SDCL § 16-13-45
Jury duty pay and your job	No one may discharge or suspend an employee for serving as a juror in any South Dakota court; a violation is a Class 2 misdemeanor (up to 30 days in county jail, a $500 fine, or both). The employee keeps the same job status, pay and seniority as before jury duty, but the leave may be with or without pay at the employer's discretion. Jurors receive $50 for each day's attendance in circuit or magistrate court plus mileage at the state rate, paid by the county; a juror called but not impaneled receives a $10 appearance fee plus mileage. Pay: https://sdlegislature.gov/api/Statutes/16-13-41.2.html , https://sdlegislature.gov/api/Statutes/16-13-46.html Source: SDCL §§ 16-13-41.1, 16-13-41.2, 16-13-46, 22-6-2

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FAQ

Who is exempt from jury duty in South Dakota?

A person 80 or older may ask to be excused, and the judge must give the request substantial weight. A mother breastfeeding a baby younger than one year, and a parent of a baby less than six weeks old (or expected to be born during or just before the jury duty), is exempt on a written request to the clerk of court within ten days of receiving the summons. Clergy, and members of a church or religious organization, are exempt if jury service conflicts with their religious belief. To be eligible a person must be a county (or jury district) resident and citizen, 18 or older, of sound mind and able to read, write and understand English; a person with a felony conviction is not eligible unless civil rights are restored.

What happens if you miss jury duty in South Dakota?

A summoned juror who fails, refuses or neglects to appear, willfully fails to complete and return the jury questionnaire, or after appearing fails without good cause to attend as required, is guilty of contempt of court and may be fined $50 to $500. If the person still neglects or refuses to appear after a second order of attachment, the court may fine the person as above and jail the person for up to ten days in county jail.

Does your employer have to let you serve on a jury in South Dakota?

No one may discharge or suspend an employee for serving as a juror in any South Dakota court; a violation is a Class 2 misdemeanor (up to 30 days in county jail, a $500 fine, or both). The employee keeps the same job status, pay and seniority as before jury duty, but the leave may be with or without pay at the employer's discretion. Jurors receive $50 for each day's attendance in circuit or magistrate court plus mileage at the state rate, paid by the county; a juror called but not impaneled receives a $10 appearance fee plus mileage.

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.