Jury Duty in Delaware: Pay, Exemptions, Excuses and What to Expect (2026)

In Delaware, one court does almost all the summoning. The Superior Court picks jurors at random in each of the three counties and supplies them for its own trials, for criminal trials in the Court of Common Pleas, and for landlord-tenant jury trials in the Justice of the Peace Court. If you're a U.S. citizen, at least 18, living in the county, and able to read, speak and understand English, you qualify.

The headline numbers are small. Jurors get a $20 daily allowance for travel, parking and other costs, but a juror whose service is one day or one trial gets nothing for the first day. Your employer doesn't have to pay you, but it can't fire, threaten or coerce you over jury duty. A person who ignores a summons and then a court order can be fined up to $100 and jailed up to 3 days.

The rules are in Chapter 45 of Title 10 of the Delaware Code (§§ 4501 to 4517), filled in by the Superior Court's Petit Jury Plan. Everything below is current as of November 2026.

Delaware jury duty at a glance

Who can serve

Delaware starts from the premise that everyone qualifies, then lists the exceptions. Section 4509(b) says:

All persons are qualified for jury service except those who are:

The six exceptions are people who are:

1. not citizens of the United States;
2. under 18;
3. not residents of the county where they'd serve;
4. unable to read, speak and understand English;
5. incapable of satisfactory jury service because of a physical or mental disability; or
6. "Convicted felons who have not had their civil rights restored."

(§ 4509)

The court decides from your qualification form, an interview, or other evidence, and it may ask for proof, such as a physician's certificate. If you aren't a citizen and get a summons, the court asks you to return the questionnaire with a copy of your green card or other papers (Superior Court FAQ).

Where names come from. The statute requires random selection from a fair cross section of each county (§ 4501). Under the Superior Court's plan, each county's source list combines registered voters with the Division of Motor Vehicles' lists of licensed drivers and state ID card holders, with duplicates removed (Petit Jury Plan). You can't volunteer; the court says Delaware law requires names to be drawn at random.

No discrimination. No one may be kept off a jury because of race, color, religion, sex, national origin, economic status, or any other basis protected by Delaware's equal accommodations law (§ 4502). The statute's definition of race includes hair texture and protective hairstyles such as braids, locks and twists (§ 4503).

Exemptions and excuses

Delaware has no list of people who are exempt by right. Instead, the court excuses jurors for good reason, and it has named the groups that qualify. Section 4511(b) sets the standard:

A person who is not disqualified may be excused from jury service by the Court only upon a showing of undue hardship, extreme inconvenience or public necessity, for a period the Court deems necessary, at the conclusion of which the person shall reappear for jury service in accordance with the Court’s direction.

Groups the court treats as qualifying. The Superior Court's Petit Jury Plan says membership in these groups is enough (Petit Jury Plan, ¶ 7):

• people who served on a grand or petit jury within the past two years;
• people "over 70 years of age";
• people for whom jury service would violate deeply held religious beliefs;
• people primarily responsible for the care of someone who can't care for themselves;
• essential health care providers;
• full-time police officers and firefighters;
• active full-time members of the U.S. armed forces, the Reserve Forces, or the Delaware National Guard;
• active full-time clergy; and
• people who are self-employed or paid mainly on commission.

The age excuse is optional. You may serve at any age, but if you're over 70, you can ask to be excused. The court asks for a copy of your completed questionnaire and your driver's license (Superior Court FAQ).

Breastfeeding. The statute itself protects nursing mothers: "Women who are currently breastfeeding a child shall be excused from jury service for at least 1 year" (§ 4511(b)).

Living out of state for a while. If you're temporarily living outside Delaware for work or school, your service is deferred until you return. If you've moved away for good, send proof of your new residence, such as a copy of your new driver's license.

What to send. Jury Services wants documents with each request: a doctor's note that describes a medical condition, a supervisor's letter for an employment deferral, a business license if you own a business, and a class schedule or proof of enrollment if you're a student (Excusal and Postponements).

How to ask. Fill out the Juror Qualification Questionnaire online for your county, and use the space for the question about serious hardships to make your request. You can also return the paper form. The court won't act on any request without a completed questionnaire. Until you get a written excusal, follow the reporting instructions on your summons.

Exclusion. Separately, the court may exclude a person who couldn't be impartial or would likely disrupt the proceedings (§ 4511(c)).

Postponing jury duty

The statute lets the court put off a juror's service "for a period the Court deems necessary," and the plan says that, instead of an excuse, service may be deferred. In practice:

• Online, once. If you haven't postponed before, log in to the questionnaire system and click "Request Schedule Change." That allows a one-time date change. If the option doesn't appear, you've already been postponed.
• Not at the last minute online. You can't use the online tool within 5 days of your service date. Contact Jury Services directly instead.
• Suggest dates. You can also make the request in the hardship box on the questionnaire, with better dates.
• Wait for the letter. Jury Services answers by U.S. mail with a new date or a denial.

(Excusal and Postponements)

Juror pay

Section 4514(a) sets the allowance:

Jurors shall be paid a per diem rate of $20 which shall serve as a daily allowance for reimbursement for travel, parking and other out-of-pocket expenses. An employer shall not consider the reimbursement described in this subsection as pay. Jurors whose term of service is 1 day or 1 trial shall not receive reimbursement for the first day of service.

What that means:

• $20 a day, statewide. The court calls it reimbursement for expenses, not pay for your time.
• The first-day rule. If your service is one day or one trial, the first day is unpaid. The court explains that in New Castle County, which uses that system, you get nothing if you aren't picked or your trial lasts one day; on a longer trial, you're paid after the first day.
• Kent and Sussex. Jurors there get the $20 for every day they must report during their two-week term (Superior Court FAQ).
• No mileage. The $20 is meant to cover travel and parking. In Wilmington, the court has a limited number of free garage spaces, but no one is guaranteed one, and it tells jurors to be ready to pay the full $11.00 (Parking Information).
• Sequestered juries. The State pays for food, lodging and other needs if a jury is kept together.
• Your employer can't treat the $20 as wages. The statute says it isn't pay.
• When it arrives. The court aims to pay within about two weeks. It needs your Social Security number to pay you and collects it when you arrive, not on the online form.

(§ 4514)

Your job is protected

Section 4515(a) protects jurors at work:

An employer shall not deprive an employee of employment, or threaten or otherwise coerce the employee with respect thereto, because the employee receives a summons, responds thereto, serves as a juror or attends Court for prospective jury service.

Three things follow:

1. It covers every stage. Getting a summons, answering it, waiting in the jury room, and sitting on a trial are all protected.
2. Employers can be prosecuted. An employer who violates the rule "is guilty of criminal contempt" and may be fined up to $500, jailed up to 6 months, or both (§ 4515(b)).
3. You can sue if you're fired. A worker discharged in violation of the law may file a civil action in Superior Court within 90 days to recover lost wages and get reinstated. A worker who wins is awarded a reasonable attorney's fee (§ 4515(c)).

Delaware law doesn't require your employer to keep paying you during jury duty. The Superior Court's President Judge has praised employers who keep pay going during jurors' absences, so ask about your company's policy. For proof of service, call Jury Services and ask for a work certification listing your dates and hours (Superior Court FAQ).

(§ 4515)

What happens if you don't show up

Section 4516 sets the penalty:

A person who fails to appear and show cause as ordered by the Court for failure to comply with the clerk’s direction to appear for the purpose of completing a juror qualification form or for failure to comply with a summons to appear for jury service or to complete jury service is guilty of criminal contempt and upon conviction may be fined not more than $100 or imprisoned not more than 3 days, or both.

The penalty comes only after a court order. The Superior Court describes a gradual process:

1. First miss. You get a postcard saying you missed your date and should call the court right away.
2. Second miss. A deputy sheriff may serve a summons at your home.
3. Third miss. A deputy may serve a Rule to Show Cause, and you must explain yourself to a Superior Court judge, who can fine you up to $100 and jail you up to three days. If you skip that hearing, the court may issue a civil capias.

(Superior Court FAQ; § 4510(b))

Lying on the qualification form is a separate problem: the form warns that a false statement can be punished by a fine, imprisonment, or both (§ 4508).

Your first day

The Superior Court runs jury rooms in Wilmington, Dover and Georgetown. Its pages give the routine:

• Check the night before. Daily reporting instructions go online after 6:00 p.m. for the next day, and each county has a recorded phone line. Your group number and jury type are in the upper right corner of your summons. Check so you only come when you're needed (Juror Reporting).
• When the doors open. Jurors can enter the Leonard L. Williams Justice Center in Wilmington at 8:30 a.m. (one court notice says 8:00), the Kent County Courthouse in Dover at 8:15 a.m., and the Sussex County Courthouse in Georgetown at 8:30 a.m. The jury assembly room is on the first floor of each.
• What to bring. The top part of your summons, and your completed questionnaire if you didn't send it in. In New Castle County, bring your parking stub so the court can validate it.
• Security. Everyone is screened. Weapons, cutting tools such as knives and scissors, tools, aerosol sprays and markers aren't allowed. Food, drinks and medications need a doctor's note (Court Security). New Castle County has 40 small lockers in the garage for $1.
• How long. Plan to stay until 5:00 p.m. In New Castle County, if you aren't chosen for a trial that day, you're done until you're summoned again.
• Bad weather. Call your county's courthouse line before you leave home.
• Proof for your employer. Ask Jury Services for a work certification.

Grand jury service

The Superior Court also supplies grand jurors. A grand jury in New Castle County has 15 members, and 9 must agree to return an indictment. In Kent and Sussex, a grand jury has 10 members, and 7 must agree. Grand jurors take an oath to perform their duties faithfully (§ 4505). Grand jurors in New Castle County have their own recorded reporting line (Juror Reporting).

Jury duty scams

Scammers call, text or email, claim you have a warrant for missing jury duty, and demand payment. In a version the Delaware Judiciary flagged in January 2026, they send official-looking papers steering victims to a "kiosk" that is really a bitcoin ATM. The Judiciary's warning says:

It is important to know that Delaware Courts NEVER demand payment in the form of gift cards, or through cash apps like Venmo or Zelle (where transactions are difficult to track once complete) or in the form of bitcoin or other internetbased e-currency.

The real process is by mail: a prospective juror who missed jury service "will be contacted by mail." If you get such a call, hang up and call Superior Court Jury Services in your county (Delaware Judiciary warning, January 14, 2026; see also the federal courts' juror scam warning).

Recent and pending changes

No other changes to Chapter 45 were enacted in 2024 through 2026, and no pending bills to change juror pay or service were found as of November 2026. The $20 allowance and the breastfeeding excuse date from earlier sessions.

Frequently asked questions

How much does jury duty pay in Delaware?

Delaware pays jurors $20 a day as reimbursement for travel, parking and other costs. If your service is one day or one trial, as in New Castle County, the first day is unpaid; in Kent and Sussex, you get $20 for each day you report. Your employer doesn't have to pay your wages.

Can my employer fire me for jury duty in Delaware?

No. Your employer can't fire, threaten or coerce you because you were summoned, served, or reported for jury duty. An employer who does is guilty of criminal contempt and can be fined up to $500 and jailed up to 6 months. If you're fired, you can sue in Superior Court within 90 days for lost wages, reinstatement and attorney's fees.

How do I get out of jury duty in Delaware?

Ask on your Juror Qualification Questionnaire, online or on paper, and attach proof. The court excuses people only for undue hardship, extreme inconvenience or public necessity, but it treats some groups as qualifying, including people over 70, caregivers, people who served in the past two years, police, firefighters, clergy, active military and the self-employed. Breastfeeding mothers are excused for at least a year.

What happens if I miss jury duty in Delaware?

First you get a postcard, then possibly a summons from a deputy sheriff, and finally an order to explain yourself to a judge. If you don't appear and show cause, it's criminal contempt, punishable by a fine of up to $100, up to 3 days in jail, or both. If you miss your date, call Jury Services right away.

How often can you be called for jury duty in Delaware?

The Superior Court and the federal court in Delaware won't make you serve more than once every two years. If you get a new summons within two years, note your earlier service on the questionnaire and ask to be excused. Service in either court can get you excused from the other.

Is there an age limit for jury duty in Delaware?

You must be at least 18. There's no upper limit, but anyone over 70 may ask to be excused by sending a copy of the completed questionnaire and a driver's license to Jury Services. People who want to keep serving can.

Where these rules live

• 10 Del. C. § 4509 — Disqualification from jury service
• 10 Del. C. § 4511 — Excuse or exclusion
• 10 Del. C. § 4514 — Juror compensation
• 10 Del. C. § 4515 — Protection of jurors' employment
• 10 Del. C. § 4516 — Failure to perform jury service
• Petit Jury Plan of the Superior Court
• Jury Service (Superior Court of Delaware)
• Superior Court jury FAQ
• Del. Super. Ct. Civ. R. 47 — Jurors, on this site
• Delaware Superior Court Civil Rules on this site
• Law schools in Delaware