South Dakota Sample Letter for Employer Requesting Employee's Jury Duty Release
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FAQ
Prospective jurors are paid the amount mandated by the State Legislature, $15.00 per day and $0.34 per mile, one way for the second day of service and every day thereafter. There is no pay for the first day of service.
South Dakota has a list of specific excuses that can be used to be exempt from reporting for jury duty, including excuses for military, elected official, student, age, police, medical worker, firefighter and disability. You can also be excused if you don't meet the basic eligibility requirements for jury duty in SD.
If you want to be excused for another reason (such as illness), you must state that reason on the form and enclose any certificates or documents in support of your application. The County Registrar will decide if you can be excused, or not.
An employer cannot refuse to allow an employee time off work if they have been summoned for jury service, as a juror is required to attend by the Juries Act 1974.
Members of staff who are called for Jury Service for up to four weeks will be entitled to paid leave to attend court. As they will be paid their full salary there will be no requirement for members of staff to claim loss of earnings from the Court.
A prospective juror who fails to appear without good case may be guilty of contempt of the court and may be fined $50-$100. If the juror neglects neglects a second order to appear, they may be fined as above and imprisoned not longer than 10 days in the county jail.
In South Dakota, jurors receive nominal compensation for each day spent at jury selection, or while serving on a jury. Jurors can also qualify to receive mileage reimbursement for travel related to their jury duty service. Compensation per diem and mileage will be paid at the end of each week of jury duty.
If you are selected to serve on a jury, you will be provided with the trial date, and must return to serve on the jury for the duration of the trial and deliberations. If you were not selected to serve on any jury during the voir dire process, you can go home, and your South Dakota jury duty obligations are complete.
An employer might provide employees with a contractual entitlement to pay during jury service. Where there is no contractual provision, the employer may exercise its discretion and provide full pay for the whole period spent on jury service, even though there is no statutory or contractual obligation to do so.
