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

West Virginia draws jurors at random from a statewide master list built from at least two of three sources: state income tax filers, registered voters and licensed drivers. If you're a U.S. citizen, at least 18, and live in the county, you can be summoned to serve in circuit court or magistrate court there. The law is blunt about occupations: no qualified juror is exempt.

The headline numbers: the Code lets each circuit set juror reimbursement between $15 and $40 a day, plus mileage, and the state judiciary tells jurors they will get $40 for each day of required attendance. Your employer must let you off work but doesn't have to pay you, and it can be fined $100 to $500 for punishing you. A juror who ignores a summons and then a show-cause order can be held in civil contempt and fined up to $1,000.

The rules are in Chapter 52 of the West Virginia Code: Article 1 for trial (petit) juries, Article 2 for grand juries, and Article 3 for employer discrimination. Everything below is current as of November 2026.

West Virginia jury duty at a glance

Who can serve

West Virginia states its qualifications in reverse, as a list of what disqualifies you. Under § 52-1-8, a prospective juror is disqualified if he or she:

(1) Is not a citizen of the United States, at least 18 years old, and a resident of the county;

The same section lists the other disqualifications:

• Language. You must be able to read, speak and understand English. Communicating in American Sign Language or Signed English counts.
• Disability. You're disqualified only if a substantial physical or mental disability keeps you from serving satisfactorily, and the court may ask for a doctor's certificate. A person with a physical disability who can serve with reasonable accommodation can't be dismissed for the disability alone. The statute's examples include certified interpreters for the deaf and hard of hearing, real-time court reporting, and readers for the visually impaired.
• Recent service. Anyone who served as a petit, grand or magistrate court juror in the past two years, and was paid for it, is disqualified.
• Criminal record. You can't serve if you lost the right to vote because of a criminal conviction, or if you were convicted of perjury, false swearing, or a crime punishable by more than a year in prison. Since June 11, 2026, a conviction that was expunged or set aside, or followed by an unconditional pardon, no longer disqualifies you.

The judge decides disqualification based on your juror qualification form, an interview, or other evidence. The clerk may mail the form ahead of time, and you have 10 days to return it (§ 52-1-5a).

Where names come from. The courts' administrative director compiles the master list from people who appear on at least two of three lists: state personal income tax filers, registered voters in the county, and licensed drivers (§ 52-1-5). Each county's clerk gets that county's slice and draws jurors from it at random.

Exemptions and excuses

No one is exempt by job. Many states excuse lawyers, doctors or police as a class. West Virginia doesn't. Section 52-1-10 is one sentence long:

No qualified prospective juror is exempt from jury service.

The judiciary's FAQ repeats the point: if you're qualified, there are no automatic exemptions.

Age 70. Older jurors may serve but don't have to. Under § 52-1-8(c):

A prospective juror 70 years of age or older is not disqualified from serving but shall be excused from service by the court upon his or her request.

The qualification questionnaire has a place to make that choice.

Hardship, inconvenience and public necessity. For everyone else, the court decides. Section 52-1-11(b) allows an excuse "upon a showing of undue hardship, extreme inconvenience, or public necessity," for a period the court sets (§ 52-1-11). The statute doesn't list medical conditions, caregiving, breastfeeding or school; those requests fall under this general standard, and the judge weighs each one.

National Guard and reserves. A current member of the National Guard or the reserves may be excused (§ 52-1-11(c)).

How to ask. The judiciary advises putting your request in writing to the presiding circuit judge whenever you can (WV Judiciary). You can also enter requests to be excused, and dates you can't serve, on the online qualification questionnaire at the juror portal, where you sign in with the badge number from your questionnaire and your birth date. The portal also lets you upload documents, such as a doctor's note.

Tell the truth on the form. Willfully misrepresenting a material fact on the qualification form, or in an interview, to dodge or to get onto a jury is a misdemeanor punishable by a fine of up to $500, up to 30 days in jail, or both (§ 52-1-5a).

Postponing jury duty

West Virginia has no separate postponement statute. A hardship excuse under § 52-1-11(b) works as one: it lasts "for a period the court deems necessary," and when that period ends you must report again as the court directs. In practice, ask for specific dates. The portal's questionnaire has boxes for dates you can't serve, and you can add conflict dates later from your juror dashboard.

Juror pay

Section 52-1-17(a) sets the range:

A juror shall be paid mileage, at the rate set by the Secretary of the Department of Administration, for travel expenses to and from the juror’s residence to the courthouse or other place where the court is convened and shall be reimbursed for other expenses incurred as a result of his or her required attendance at sessions of the court at a rate of not less than $15 nor more than $40, set at the discretion of the circuit court or the chief judge of the circuit court, for each day of required attendance.

What that means:

• $15 to $40 a day, set locally. The circuit court picks the rate. The state judiciary's FAQ tells jurors they will be reimbursed $40 for each day of required attendance, plus round-trip mileage, so expect the top of the range.
• Mileage on top. You're paid for the round trip between home and the courthouse at the rate the Secretary of Administration sets for state travel.
• The state pays. Reimbursement comes from the State Treasury on vouchers submitted to the sheriff. The juror handbook says you get a check after your service ends.
• You pay for meals and parking. The judiciary says jurors cover meals, parking and other incidentals themselves. If a jury is placed in the sheriff's custody, though, the sheriff provides meals and lodging.
• No long-trial rate. The rate doesn't rise for long trials.
• Leaving early costs you. A juror who departs without the court's leave isn't entitled to reimbursement (§ 52-1-18).

Grand jurors get the same range, $15 to $40 a day plus mileage (§ 52-2-13).

Your job is protected

Section 52-1-21 requires your employer to let you go:

Upon receiving a summons to report for jury duty an employee shall, the next day the employee is engaged in employment, exhibit the summons to the employee's immediate superior and the employee shall thereupon be excused from employment for the day or days required in serving as a juror in any court created by the Constitutions of the United States or of the State of West Virginia or the laws of the United States or the State of West Virginia.

Your part is simple: show the summons to your immediate supervisor on your next workday. The protection covers state and federal juries alike.

Section 52-3-1 adds the remedies:

1. You can sue. An employee who is discriminated against for getting a summons, responding to one, or serving can sue in the circuit court of the county where the summons came from or where the discrimination happened.
2. What the court can order. If the employer fired you, threatened to, or cut your regular pay for time you weren't actually away, the court can order it to stop and grant relief such as reinstatement with or without back pay.
3. Attorney's fees. If you win, the court awards reasonable attorney's fees.
4. A fine for the employer. An employer who discriminates "is guilty of civil contempt and shall be fined not less than $100 nor more than $500."

Your employer doesn't have to pay you. The same section says nothing in it requires an employer to pay wages for time you're actually away for jury service. The juror handbook notes that some employers pay anyway, so check your company's policy. The statute sets no filing deadline; if you're punished, talk to a lawyer promptly.

What happens if you don't show up

Section 52-1-7(c) sets out the process and the penalty:

A prospective juror who fails to appear as directed by the summons issued pursuant to subsection (b) of this section shall be ordered by the court to appear and show cause for failure to appear as directed. If the prospective juror fails to appear pursuant to the court's order or fails to show good cause for failure to appear as directed by the summons, he or she is guilty of civil contempt and shall be fined not more than $1,000.

So a missed date first brings an order to come in and explain. A good reason ends the matter; no reason, or ignoring the order, brings the fine. Being late matters too: the handbook warns that a tardy juror may be fined for contempt without good cause. If something unavoidable comes up, call the circuit clerk's office.

Your first day

Details vary by county, so follow your summons. The West Virginia Judiciary's pages and handbook describe the basics:

• Fill out the questionnaire. Use the online juror portal or the paper form. You can sign up there for text and email notices, check your information, and add conflict dates.
• Check whether you're needed. You won't report every day. Every court uses some kind of call-in system to tell jurors in advance when they aren't needed. Kanawha County, for example, lists a jury information line, (304) 357-0441, at its circuit clerk's office (Kanawha County Circuit Clerk).
• Where you'll serve. Most jurors sit in circuit court or magistrate court, and rarely municipal court. Circuit court juries have six members in civil cases and twelve in criminal cases; magistrate court juries have six.
• Dress for a business meeting. The handbook suggests business casual: polos, blouses, button-down shirts, dress slacks or dark jeans, and closed-toe shoes. Skip clothing with logos or slogans, and bring a sweater for temperature changes.
• Be on time. One late juror holds up everyone.
• No research, no posting. Don't discuss the case, follow news coverage, or post about it online until the judge releases you. Report anyone who tries to talk to you about the case to the bailiff.
• Ask for accommodations early. The court provides aids and services for jurors with disabilities, but it needs notice; the questionnaire has a place to say what you need.
• Waiting is part of it. Cases often settle because a jury is ready. The judiciary counts that as real service.

Grand jury service

Grand juries follow the same qualification rules as trial juries (§ 52-2-2), with one addition: anyone holding office under state or federal law is disqualified, though notaries public are not (§ 52-1-8(d)). For each term that needs one, the clerk draws 16 grand jurors and some alternates at least 30 days ahead (§ 52-2-3), and 15 attending make a quorum (§ 52-2-4). Pay is the same $15 to $40 a day plus mileage.

Jury duty scams

Scammers call claiming to be marshals, deputies or court officers, say you missed jury duty, and demand a fine to avoid arrest, often on a prepaid or reloadable card. The U.S. District Court for the Northern District of West Virginia says law enforcement does not call anyone to collect fines over the phone for missing jury duty, and it:

urges the public not to divulge personal or financial information to unknown callers, even if they sound legitimate.

In West Virginia's state courts, a missed summons leads to a court order to appear and explain, not a phone call demanding money. If you get such a call, hang up and call your circuit clerk's office (N.D. W. Va. warning; see also the federal courts' juror scam warning).

Recent and pending changes

So the pay range is still $15 to $40 as of November 2026. A juror pay increase is likely to come back in a future session, so check the Legislature's bill status pages before relying on these numbers.

Frequently asked questions

How much does jury duty pay in West Virginia?

The Code lets each circuit court set juror reimbursement between $15 and $40 for each day of required attendance, plus round-trip mileage. The state judiciary tells jurors to expect $40 a day. You pay for your own meals and parking, and the state sends the check after your service ends.

Can my employer fire me for jury duty in West Virginia?

No. Show your summons to your supervisor on your next workday, and your employer must excuse you for the days you serve. An employer that fires you, threatens to, or cuts your pay can be sued for reinstatement, back pay and attorney's fees, and can be fined $100 to $500 for civil contempt. Your employer doesn't have to pay wages while you're away.

How do I get out of jury duty in West Virginia?

West Virginia has no occupational exemptions. If you're 70 or older, you'll be excused if you ask. Otherwise, the judge can excuse you for undue hardship, extreme inconvenience or public necessity, or because you're a current member of the National Guard or reserves. Put the request in writing to the presiding circuit judge or on the online questionnaire.

What happens if I miss jury duty in West Virginia?

The court will order you to appear and explain why you missed your date. If you don't come, or don't show good cause, you're guilty of civil contempt and can be fined up to $1,000. Call the circuit clerk before your date if something comes up.

How often can you be called for jury duty in West Virginia?

If you served as a petit, grand or magistrate court juror and were paid for it, you're disqualified for the next two years. Your name may be drawn again after that. Getting a questionnaire, or being on call without ever reporting, doesn't start the two-year clock.

Is there an age limit for jury duty in West Virginia?

You must be at least 18. There's no upper limit, but anyone 70 or older will be excused on request; the questionnaire has a place to ask.

Where these rules live

• W. Va. Code § 52-1-5 — Master list
• W. Va. Code § 52-1-5a — Juror qualification form
• W. Va. Code § 52-1-7 — Summons and failure to appear
• W. Va. Code § 52-1-8 — Disqualification and the age-70 excuse
• W. Va. Code § 52-1-10 — No exemptions
• W. Va. Code § 52-1-11 — Excuses
• W. Va. Code § 52-1-17 — Juror reimbursement
• W. Va. Code § 52-1-21 — Excuse from employment
• W. Va. Code § 52-3-1 — Employer discrimination
• West Virginia Judiciary: Jury Information
• West Virginia Rules of Civil Procedure on this site
• W. Va. R. Civ. P. 47 — Jurors
• Law schools in West Virginia