Usually not: owning a business, even as a sole proprietor, is not an automatic excuse from jury duty. What courts commonly grant is a postponement to a better date; a full hardship excuse is decided case by case and needs evidence that serving would seriously harm the business. Federal courts pay jurors $50 a day, and that pay is taxable.
Updated 2026 · Juror pay and tax rules checked against U.S. Courts and IRS guidance
Quick answer
Ask for a postponement first, in writing, when you answer the summons, and pick a slow week. If serving would genuinely close the business (no one else can open, deliver or bill), request a hardship excuse with evidence. If you do serve, most service is one day or one trial; set up coverage the way you would for a short vacation.
Jury duty for business owners: key facts
Question
What to expect
Automatic exemption for owning a business?
No. Federal courts and most state courts have none.
Postponement (deferral)
Commonly granted if you ask before your date; many courts allow one.
Hardship excuse
Case by case. Bring evidence: no one else can run the business, contracts or payroll at risk.
Federal juror pay
$50 a day; up to $60 a day after 10 days on a trial (U.S. Courts).
State juror pay
Set by each state and often lower than federal pay.
Taxes
Juror pay is taxable income (IRS Publication 525). Lost business income is not deductible.
How long it lasts
Often one day, or one trial if you are selected.
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Solo-business status alone rarely qualifies. Excuse rules are set by each court's jury plan (for federal courts, under 28 U.S.C. 1866). What tends to carry more weight:
Pre-existing medical conditions documented by a doctor.
Active care of a dependent (child, elderly parent) with no alternate caregiver.
Pre-paid travel or events that conflict (with documentation).
A sole proprietor with no employees who can show the business would close while they serve. Even then, expect a postponement before an excuse. Check your court's summons instructions.
If you have to serve
Most jury service is 1 day or until selection. Trial selection is rare; if selected, the trial is typically 3-10 days, occasionally longer.
Treat it as a planned 1-2 week vacation. Build the routing layer, brief your covering person, set the auto-reply, do the dry run.
Bring a notepad, not a laptop. Most courts disallow electronics during proceedings.
Income during service
Juror pay is small: federal courts pay $50 a day (up to $60 after 10 days on a trial), and state courts set their own, often lower, rates. It will not replace lost income.
Juror pay counts as taxable income; the IRS (Publication 525) says to report it. If an employer makes you hand your juror pay over, you can deduct that amount. Income you did not earn while serving is not a deduction. Ask your CPA about your situation.
Federal law (28 U.S.C. 1875) and many state laws protect employees from being fired for jury service. Those protections cover your employees, not you as the owner, so plan coverage ahead. Our jury duty out of office templates cover the auto-reply.
Common questions
Can you get out of jury duty if you are a sole business owner?
Rarely outright. Most courts will postpone your service to a better date if you ask; a hardship excuse is possible when you can show the business would close or suffer serious loss.
Does an Etsy shop or side business count as a small business for jury duty?
Courts do not have categories for business types. What matters is whether serving would cause undue hardship, which the court decides case by case.
How much does jury duty pay?
Federal courts pay $50 a day, rising to $60 a day after 10 days on a trial. State pay varies by state.
Is juror pay taxable?
Yes. The IRS treats jury duty pay as income. Lost business income from serving is not deductible.
Sources.
United States Courts, "Juror Pay"
IRS Publication 525, Taxable and Nontaxable Income (jury duty pay)
28 U.S.C. 1866 (excuses and deferrals) and 28 U.S.C. 1875 (protection of jurors' employment)
General information, researched from the sources above; not legal, HR or tax advice.
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