California Jury Instruction - 1.3 Duty To Mitigate In General Pursuing Medical Care
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If you are under the age of 70 and have a medical disability that would prevent you from serving, you must provide a doctor's note verifying the disability. The medical note must indicate the permanent nature of your disability or, if temporary, the specific time period for which your medical excuse is valid.
The Duty to Mitigate This means that an injured party has the responsibility to act reasonably to minimize the harm resulting from the injury. If the court finds that the injured person has not mitigated his or her damages, it can reduce the amount that the victim will be able to recover from the wrongdoer.
If you are sick or injured, you may postpone your service or request an excuse. If you are disabled, you may request a permanent medical excuse. Follow the directions on the summons for postponement or excuse. A doctor's note may be required.
Go online to request to be disqualified from jury service. Use your Juror ID Number, found in the upper right corner of your summons, and your date of birth to access the system. Select the option on the left to Request to be Disqualified from Jury Service.
A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."
(1) An applicant must submit to the jury commissioner a written request for permanent medical excuse with a supporting letter, memo, or note from a treating health care provider.
Your duty to mitigate by returning to work This is called the duty to mitigate. Essentially, it means that even if someone else's negligence caused your injuries, you have a responsibility to take all reasonable steps to heal from your injuries as best you can and to reduce any negative consequences from your injuries.
Reasons you may be excused from jury service include: You have no means of transportation. You would have to travel an excessive distance to the courthouse. You have a physical or mental impairment. You provide care for a dependent and cannot afford to have someone cover for you.