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Jury Duty in West Virginia

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

Short answer: West Virginia law says no qualified prospective juror is exempt from jury service, so there is no automatic age exemption in the statute. W. Va. Code §§ 52-1-10, 52-1-11

Who can be excused from jury dutyWest Virginia law says no qualified prospective juror is exempt from jury service, so there is no automatic age exemption in the statute. The court may excuse a person, on the person's request or on its own, for undue hardship, extreme inconvenience or public necessity for as long as the court thinks necessary, after which the person must report again as directed. The court may also excuse current members of the National Guard or reserves. The decision is based on the juror qualification form, an interview, or other evidence.
Source: W. Va. Code §§ 52-1-10, 52-1-11
Penalty for skipping jury dutyIn West Virginia, a person summoned for jury duty who fails to appear or to finish jury service as directed will be ordered to come to court right away and show cause. If the person cannot show good cause, the person is guilty of civil contempt and may be fined up to $1,000.
Source: W. Va. Code § 52-1-24
Jury duty pay and your jobA West Virginia employee who gets a jury summons must show it to the immediate supervisor on the next workday, and must then be excused from work for the days needed to serve. An employer may not fire, threaten to fire, or cut the regular pay of an employee for time not actually spent away because of jury service; the employee may sue for reinstatement, back pay and attorney's fees, and an employer who discriminates is guilty of civil contempt with a fine of $100 to $500. Employers are not required to pay wages for the time actually spent away on jury service. Jurors receive mileage plus $15 to $40 per day, as set by the circuit court.
Source: W. Va. Code §§ 52-1-21, 52-3-1, 52-1-17(a)

More West Virginia criminal law

FAQ

Who is exempt from jury duty in West Virginia?
West Virginia law says no qualified prospective juror is exempt from jury service, so there is no automatic age exemption in the statute. The court may excuse a person, on the person's request or on its own, for undue hardship, extreme inconvenience or public necessity for as long as the court thinks necessary, after which the person must report again as directed. The court may also excuse current members of the National Guard or reserves. The decision is based on the juror qualification form, an interview, or other evidence.
What happens if you miss jury duty in West Virginia?
In West Virginia, a person summoned for jury duty who fails to appear or to finish jury service as directed will be ordered to come to court right away and show cause. If the person cannot show good cause, the person is guilty of civil contempt and may be fined up to $1,000.
Does your employer have to let you serve on a jury in West Virginia?
A West Virginia employee who gets a jury summons must show it to the immediate supervisor on the next workday, and must then be excused from work for the days needed to serve. An employer may not fire, threaten to fire, or cut the regular pay of an employee for time not actually spent away because of jury service; the employee may sue for reinstatement, back pay and attorney's fees, and an employer who discriminates is guilty of civil contempt with a fine of $100 to $500. Employers are not required to pay wages for the time actually spent away on jury service. Jurors receive mileage plus $15 to $40 per day, as set by the circuit court.

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.