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

New Mexico's state courts draw jurors at random from a master database that merges three lists for each county: registered voters, driver's license holders and personal income tax filers. If you're 18 or older, a U.S. citizen and a resident of the county that summons you, you can be called. The summons comes by mail and sends you to an online questionnaire, which you must complete even if you plan to ask to be excused.

New Mexico pays jurors by the hour, not the day. The law ties juror pay to the state minimum wage, which is $12 an hour as of November 2026, and adds mileage for long trips. Your employer doesn't have to pay you, but it can't fire, threaten or coerce you over jury service or make you use vacation or sick leave. Willfully ignoring a summons is a petty misdemeanor, punishable by a fine of up to $500, up to six months in jail, or both.

The rules are in Article 5 of Chapter 38 of the New Mexico Statutes Annotated 1978 (§§ 38-5-1 to 38-5-19), published by the New Mexico Compilation Commission on NMOneSource. Everything below is current as of November 2026.

New Mexico jury duty at a glance

Who can serve

Section 38-5-1 sets the test:

A person who is at least eighteen years of age, a United States citizen, a resident of New Mexico residing in the county for which a jury may be convened is eligible and may be summoned for service as a juror by the courts, unless the person is incapable of rendering jury service because of:

The two exceptions that follow are physical or mental illness or infirmity, and undue or extreme physical or financial hardship. There's no requirement that you speak English. The state's constitution protects the right of Spanish speakers and others to serve, and the courts provide interpreters. The courts' juror FAQ says "The court will make every effort to provide an interpreter to qualified jurors."

A felony record isn't a permanent bar. A person convicted of a felony may be summoned once they've completed every condition of the sentence, including probation or parole (§ 38-5-1(B)). The juror qualification form asks for a certificate of completion or a pardon as proof.

Where names come from. Each county clerk sends the voter list to the Secretary of State, the Motor Vehicle Division sends driver's license holders, and Taxation and Revenue sends income tax filers. The state's Department of Information Technology merges them into one master jury database and picks names at random. Service members killed or missing in action are removed (§ 38-5-3). The courts' FAQ adds that your name was "randomly selected from a master database to serve on a jury."

Exemptions and excuses

New Mexico separates exemptions, which you claim by right, from excuses, which a judge or the judge's designee may grant. Either way, nothing is automatic: you must ask, and you must complete the questionnaire.

No one is exempt because of a job. Police officers, firefighters, soldiers and elected officials all serve. The courts put it plainly: "No one is exempt from serving as a juror because of their job or employment." (NM Courts Juror FAQs)

Exemptions you can claim. Section 38-5-2 gives two (§ 38-5-2). The first, for age, is generous:

B. A person who is seventy-five years of age or older who requests exemption from jury service with a local court shall be permanently exempt from jury service.

• Age 75 or older. Since 2021 the statute asks only for a request; before then it required an affidavit. The statewide summons form still tells older jurors to submit an affidavit form with the request, so follow the instructions on your summons.
• Recent service. If you served on a petit jury panel or a grand jury in any state or federal court within the preceding 36 months, you're exempt on request. The courts count it only if you reported and were recorded for jury selection, a trial or a grand jury, and they ask you to send proof.

Excuses the judge may grant. Under § 38-5-2(C), the judge or the judge's designee may excuse you, with or without coming to court, if:

1. jury service would cause undue or extreme physical or financial hardship to you or to someone in your care;
2. you have an emergency that makes you unable to serve; or
3. you present other satisfactory evidence.

The statute defines hardship narrowly. It covers having to abandon someone in your care because no substitute caregiver can be found, costs that would substantially hurt your ability to pay basic living expenses, and physical hardship that would cause illness. It "does not exist solely because a prospective juror will be absent from employment" (§ 38-5-2(G)). The qualification form adds that going unpaid by your employer is not a reason to be excused.

Medical, caregiving and other requests. The court's qualification form lists medical reasons and caregiving, both backed by a current letter on letterhead from a health care provider, along with prior service, financial hardship, age and non-residence. Nursing mothers and students or teachers can ask to be postponed (see below). Moral or religious objection is not a legal excuse; you can raise it with the judge during jury selection (Form 9-513B; NM Courts Juror FAQs).

How to ask. Make the request on the online questionnaire at jury.nmcourts.gov and upload your documents there, or call the court if you don't have internet access. The law puts the burden on you: a person seeking an exemption or excuse "shall take all necessary action to obtain a ruling on the request no later than the date on which the person is scheduled to appear for jury duty" (§ 38-5-2(D)). Until the court tells you that you're excused, you still have to appear. A judge who grants an excuse may also disallow your fees and mileage (§ 38-5-2(E)).

Postponing jury duty

New Mexico gives every juror one postponement as of right. Section 38-5-10.1 provides:

A. A person scheduled to appear for service on a petit jury may request a postponement of the date of initial appearance for jury service. The request for postponement shall be granted if the juror:

The two conditions: you haven't been postponed before, and you agree to a court-approved date no more than six months after the date you were first called. A second postponement is allowed only for an emergency you couldn't have anticipated when the first was granted, and you must again agree to a date within six months.

Mandatory postponements. The court must postpone and reschedule you, without using up your own request, if you:

• work for an employer with five or fewer full-time employees and a co-worker is summoned for the same period;
• are the only person doing work so essential to a business, commercial or farm operation that it would have to close; or
• must attend to an emergency, as the judge determines.

(§ 38-5-10.1)

Ask on the online questionnaire. The qualification form lets students and teachers ask to be moved to a school break, and nursing mothers to postpone service. The summons asks you to tell the court in writing about planned trips, work travel or medical appointments that conflict with your dates (Form 9-513A).

Juror pay

Section 38-5-15 sets pay by the hour:

Persons summoned for jury service and jurors shall be compensated for their time in attendance and service at the highest prevailing state minimum wage rate.

What that means:

• $12 an hour. The state minimum wage has been $12.00 an hour since January 1, 2023 (§ 50-4-22), and the Administrative Office of the Courts confirmed in May 2026 that jurors are paid the state minimum wage, then $12 an hour (AOC news release, May 6, 2026). A full eight-hour day comes to about $96. If the Legislature raises the minimum wage, juror pay rises with it.
• Mileage over 40 miles. You're reimbursed for travel "in excess of forty miles round trip" from your home to the courthouse, at the mileage rate allowed public officers and employees (§ 38-5-15). The courts' 2023 FAQ listed that rate as 50 cents a mile; the current figure is on your summons. You claim it on the qualification form.
• No long-trial rate. The hourly rate is the same on the first day and the fortieth.
• Meals. The district court may provide refreshments and, during a trial, meals and lodging (§ 34-6-41). The statewide summons form says the court won't provide or reimburse meals unless the jury is deliberating over lunch or after 5:00 p.m.
• Public employees. The court does not pay jurors employed by the public schools, local government or the State of New Mexico; ask your human resources office about your employer's jury leave policy.
• When the check comes. Checks are mailed and take about six weeks to process. If yours hasn't arrived within ten weeks, call the jury office (Form 9-513A).

Your job is protected

Section 38-5-18 protects jurors at work:

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

B. An employer shall not require or request an employee to use annual, vacation or sick leave for time spent responding to a summons for jury service, participating in the jury selection process or serving on a jury. Nothing in this subsection requires an employer to provide annual, vacation or sick leave to employees who are not otherwise entitled to those benefits under company policies.

Three things follow:

1. The protection starts with the summons. It covers receiving one, responding, going through jury selection and serving.
2. No forced leave. Your employer can't make you, or even ask you to, spend vacation or sick days on jury duty.
3. No pay requirement. New Mexico law doesn't require your employer to pay you while you serve. The summons form says so directly and suggests asking about your company's policy.

The penalty. Under § 38-5-19, an employer who violates § 38-5-18, personally or through an agent, "is guilty of a petty misdemeanor," which carries a fine of up to $500, up to six months in jail, or both (§ 31-19-1). The statute doesn't spell out a private lawsuit for lost wages. If your employer retaliates, tell the court that summoned you or talk to a lawyer. Your court can give you a certificate showing the days and times you attended, and you can print an attendance letter from the online portal.

What happens if you don't show up

Section 38-5-10, which governs the summons, sets the penalty in one sentence:

A willful failure to appear as ordered in the summons is a petty misdemeanor.

A petty misdemeanor is punished by up to six months in the county jail, a fine of not more than $500, or both (§ 31-19-1(B)). Ignoring the forms has its own risk: the statewide summons warns that a person "willfully failing to complete and submit these forms may be punished for contempt of court." If you can't report because of an emergency, call the jury office as soon as you can. The summons says that if you don't report or call in, the court may order you to show cause why you shouldn't be held in contempt (Form 9-513A).

Your first day

Each district and magistrate court runs its own jury office, so follow your summons. The statewide forms and the courts' juror FAQ describe the common pattern:

• Fill out the forms first. The summons gives a deadline for the online questionnaire and qualification forms at jury.nmcourts.gov. That's also where you ask for an excuse, postponement, interpreter or disability accommodation.
• Check before you go. Courts send reporting instructions by text, email or mail. If you're told not to report, don't go to the courthouse; you may be called again later in your term.
• Bring your summons and photo ID every time you come, and arrive early enough to park and get through security.
• Plan for a full day. Court hours are generally 8 a.m. to 5 p.m. with a lunch break, and you leave only when the court releases you. Many more people are summoned than are picked, so you may not sit on a trial.
• Dress in layers. Business casual is generally fine. Remove hats and sunglasses in the courtroom, and police officers, firefighters and military members shouldn't report in uniform.
• Leave the camera at home. Except in very limited circumstances, camera-capable and recording devices are prohibited inside New Mexico courts; ask your court what you can bring.
• Parking in Albuquerque. Jurors at the Bernalillo County Metropolitan Court and the Second Judicial District Court park free at the Metro Park structure north of Metro Court; bring your ticket to the jury staff to validate.
• Proof for your employer. Ask for an attendance certificate or print a letter from the portal.

(NM Courts Juror FAQs; Form 9-513A)

The Administrative Office of the Courts released a new juror orientation video in May 2026, in English and, for the first time, Spanish. Nearly 45,000 New Mexicans reported for jury selection in 2025, and almost 8,200 were chosen for a trial or grand jury (AOC news release).

Grand jury service

A district judge may convene a grand jury at any time. Each has twelve regular jurors plus alternates, drawn from the same county jury list, and serves for no longer than three months (§ 31-6-1). A grand jury decides whether there's probable cause to charge someone with a crime and can investigate. Grand jurors are paid and reimbursed for mileage at the same rates as trial jurors (§ 31-6-13).

Jury duty scams

Scammers call claiming you missed jury duty and that a warrant is out for your arrest, then ask for personal information or a payment. New Mexico's state courts contact jurors by mailed summons and handle no-shows through a judge. The federal court in Albuquerque, which has seen the same calls, says it "will not assess a fine or penalty for failing to appear for jury service without first having the person appear before a judge" (U.S. District Court, District of New Mexico). Don't pay or give out information; hang up and call the jury office at the number on your court's website. See also the federal courts' juror scam warning.

Recent and pending changes

The term-length rule is still a proposal. Section 38-5-12 tells the Supreme Court to set the length of jury terms by rule. The Court's clerk proposed a 180-day cap in 2025 (Proposal 2025-026, new Rule 23-116), then a three-month cap in March 2026 (Proposal 2026-037), with comments due April 5, 2026. As of November 2026, the published Supreme Court General Rules contain no juror term rule, so each court still sets its own term (Proposal 2026-037).

No bill changing jury service passed in the 2024, 2025 or 2026 sessions. A 2025 bill to raise the state minimum wage (HB 246), which would have raised juror pay with it, did not pass.

Frequently asked questions

How much does jury duty pay in New Mexico?

New Mexico pays jurors the state minimum wage for every hour they attend, which is $12 an hour as of November 2026. That comes to about $96 for a full eight-hour day. If your round trip to the courthouse is more than 40 miles, you're also reimbursed for mileage. Your employer doesn't have to pay your wages, and the court doesn't pay jurors who work for the state, local governments or public schools.

Can my employer fire me for jury duty in New Mexico?

No. Your employer can't fire you, threaten you or coerce you because you were summoned, responded or served, and it can't make you use vacation or sick leave for jury duty. An employer who breaks the law commits a petty misdemeanor, punishable by a fine of up to $500, up to six months in jail, or both. Your employer doesn't have to pay you while you serve.

How do I get out of jury duty in New Mexico?

If you're 75 or older, you can ask for a permanent exemption; if you served on a state or federal jury in the past 36 months, you can ask for an exemption based on that service. Otherwise, a judge may excuse you for undue or extreme physical or financial hardship, an emergency, or other good evidence, but missing work isn't hardship on its own. No job exempts you. Make every request on the online questionnaire, with documents, and keep in mind that you must appear unless the court tells you you're excused.

What happens if I miss jury duty in New Mexico?

Willfully failing to appear as your summons orders is a petty misdemeanor, punishable by a fine of up to $500, up to six months in jail, or both. Willfully failing to complete the jury forms can be punished as contempt of court. If an emergency keeps you away, call the jury office right away.

How often can you be called for jury duty in New Mexico?

There's no fixed limit on being summoned, but if you served on a state or federal jury panel or grand jury within the past 36 months, you can claim an exemption. The courts count it only if you actually reported and were recorded for jury selection, a trial or a grand jury, and they ask for proof. Within a single term, you may be called to report more than once.

Is there an age limit for jury duty in New Mexico?

You must be at least 18. There's no upper age limit, but anyone 75 or older can ask to be permanently exempted from jury service. Make the request with the court that summoned you, on the questionnaire or the form your summons describes.

Where these rules live

• NMSA 1978, Chapter 38 (Trials), Article 5 — Drawing and empaneling jurors, §§ 38-5-1 to 38-5-19
• NMSA § 38-5-1 — Qualification of jurors; § 38-5-2 — Exemptions and excusals
• NMSA § 38-5-10.1 — Postponement of petit jury service
• NMSA § 38-5-15 — Juror mileage and compensation
• NMSA §§ 38-5-18 and 38-5-19 — Employer protection and penalty
• NMSA § 31-19-1 — Petty misdemeanor sentences; §§ 31-6-1 and 31-6-13 — Grand juries
• NMSA § 50-4-22 — State minimum wage
• Form 9-513A NMRA — Juror summons
• Form 9-513B NMRA — Juror qualification form
• New Mexico Courts Juror FAQs
• New Mexico Courts Jury Information
• New Mexico Rule 1-047 — Jurors (civil procedure, on this site)
• Law schools in New Mexico