Section 12-16-63 Excusing Prospective Jurors from Service.

(a) Upon the request of a prospective juror pursuant to this section, the court shall determine, on the basis of information provided during an interview with the prospective juror or based on other competent evidence, whether the prospective juror should be excused from jury service. (b) An individual who is not disqualified for jury service may apply to be excused from jury service by the court only upon a showing of one of the following: (1) That serving on a jury would result in undue or extreme physical or financial hardship. (2) The prospective juror has a mental or physical condition that incapacitates him or her. (3) The prospective juror is a nursing mother at the time she receives a summons. (4) The prospective juror should be excused for reasons of public necessity. (c)(1) An individual asking to be excused based on undue or extreme physical or financial hardship shall take all actions necessary to have obtained a ruling on that request by no later than the date on which the individual is scheduled to appear for jury duty. Upon the request of the court, the individual seeking to be excused must provide documentation of the hardship. (2) For purposes of this section, undue or extreme physical or financial hardship is limited to any of the following circumstances in which an individual would: a. Be required to abandon an individual under his or her personal care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury. b. Incur costs that would have a substantial adverse impact on the payment of the individual’s necessary daily living expenses or on those for whom he or she provides the principal means of support. c. Suffer physical hardship that would result in illness or disease. (3) Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from his or her place of employment. (d) An individual asking to be excused under subdivision (b)(3) shall provide to the court: (i) a written statement that she is a nursing mother; and (ii) a certificate of birth or other government document or medical record certifying the birth of the child she is nursing. (e)(1) A prospective juror excused pursuant to this section shall be exempt from jury service for a period of 24 months. (2) At the conclusion of the 24-month period, the individual may be directed to reappear for jury service at the court’s direction. (f) The excusal of an individual from jury service pursuant to this section may not affect his or her right to one automatic postponement under Section 12-16-63.1.