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Jury duty in Delaware: pay, employer rules and excuses

Independent site, not a court. Answer your summons and ask for an excuse only through the court that summoned you.

Learn how Delaware's $20 daily allowance works in each county, why New Castle jurors get nothing on day one, and which excuse groups § 4511 recognizes.

What jury duty in Delaware will pay you

Employer pays anyway?

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You receive for 3 days

$40

Court fee$40
Employer, by lawNo duty to keep paying wages under this law
A normal 3 days of work$600
Income lost$560
Age rule70 and over, may ask to be excused

Delaware: $20/day expense allowance (covers travel and parking). Under one-day/one-trial service (New Castle County) the first day is unpaid; in Kent and Sussex (two-week term) the $20 is paid for every day reported. Day rates used: $0, $20. Before tax. No state law requires private employers to pay wages during jury service; the $20 allowance may not be treated as pay by the employer.

All jury rules in Delaware

Delaware pays jurors a $20 per diem under 10 Del. C. § 4514, meant to cover travel, parking and other out-of-pocket costs, so there is no separate mileage. How often you receive it depends on the county. New Castle County uses one day or one trial service and pays nothing for the first day, while Kent and Sussex Counties summon jurors for a two-week term and pay the $20 for every day they report. No state law makes a private employer keep paying wages, and the employer may not count the allowance as pay; § 4515 protects your job. People over 70 may ask to be excused by returning the questionnaire with a copy of a driver's license. Superior Court and federal court together will not call you more than once every two years. A one-time date change can be made in the juror portal, though not within 5 days of service. Failing to appear and show cause is criminal contempt, punishable by up to $100, 3 days in jail, or both (§ 4516).

Statutes and court pages read by Radif Partners on October 29, 2026 · Method and sources

Three counties, two Delaware jury systems

Where you live in Delaware changes what jury duty looks like. In New Castle County a juror who is not picked, or who sits on a trial lasting only one day, receives no reimbursement at all, because one day or one trial jurors are not paid for the first day. In Kent and Sussex the summons covers a two-week term, and the $20 allowance is paid for each day you are required to report. Either way the money is an expense allowance rather than wages, and the statute says your employer must not treat it as pay, which means it cannot be subtracted from a salary your employer chooses to continue.

Delaware groups that count as undue hardship

Delaware lists personal and occupational groups whose membership itself shows undue hardship, extreme inconvenience or public necessity: jury service within the past two years, age over 70, deeply held religious beliefs, primary caregivers of people unable to care for themselves, full-time police officers and firefighters, active full-time military or Delaware National Guard, active full-time clergy, and the self-employed or those paid mainly on commission. A breastfeeding mother is excused for at least one year. Send the qualification questionnaire back to the county Jury Services office with a written request and proof such as a doctor's note or employer letter. Residents temporarily out of state for work or study are deferred until they return.

The rules in Delaware, law by law

Read on October 29, 2026. A rule the statutes do not set is shown as not specified, never guessed.
RuleWhat the law or court saysSource
Juror pay$0 day 1, then $20 a day10 Del. C. § 4514
Mileagenot specified by the state10 Del. C. § 4514
Employer must keep payingNo10 Del. C. § 4515
Job protectedYes10 Del. C. § 4515
Age70 and over: may ask to be excused10 Del. C. § 4511(b) (court-recognised class)
Length of serviceNew Castle County: one day or one trial; Kent and Sussex Counties: a two-week term.courts.delaware.gov
Before another summons24 monthscourts.delaware.gov
PostponingAsk through the online qualification questionnaire or use 'Request Schedule Change' in the juror portal (one-time date change, not within 5 days of service; otherwise contact Jury Services). Out-of-state residents temporarily away for work or study are deferred until return.courts.delaware.gov
Not showing upFailing to appear and show cause is criminal contempt: up to $100 fine and/or up to 3 days in jail.10 Del. C. § 4516

Excuses and postponement in Delaware

Return the qualification questionnaire with a written request and supporting documents (doctor's note, employer letter, etc.) to the county Jury Services office. Ask through the online qualification questionnaire or use 'Request Schedule Change' in the juror portal (one-time date change, not within 5 days of service; otherwise contact Jury Services). Out-of-state residents temporarily away for work or study are deferred until return.

Can I be excused or postpone?

What applies to you

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Delaware

No ground named: ask to postpone

Age rule70+, on request

Return the qualification questionnaire with a written request and supporting documents (doctor's note, employer letter, etc.) to the county Jury Services office. Ask through the online qualification questionnaire or use 'Request Schedule Change' in the juror portal (one-time date change, not within 5 days of service; otherwise contact Jury Services). Out-of-state residents temporarily away for work or study are deferred until return.

A request is decided by the court, often with proof (a doctor's note, a school schedule). Ignoring a summons is not an excuse.

Official juror page: courts.delaware.gov. Answer your summons and file any request there or as your summons says.

Questions jurors ask

How much does jury duty pay in Delaware?

Delaware pays nothing for the first day, then $20 a day. Five days come to $80 before tax. Mileage is not set in the statute we read. The fee is taxable income on your federal return. The calculator at the top of this page adds what your employer must pay for your own days and wage.

Does my employer have to pay me for jury duty in Delaware?

No wage duty: 10 Del. C. § 4515 does not make a private employer keep paying you during jury service in Delaware. It does protect your job: firing or punishing you for serving is unlawful. Many employers pay anyway under their own policy, so read your handbook. The court fee is $0 for the first day before tax.

Is there an age limit for jury duty in Delaware?

People over 70 may ask to be excused (send the questionnaire and a copy of a driver's license). The rule is in 10 Del. C. § 4511(b) (court-recognised class). It is a request, not an automatic exemption: answer the questionnaire and ask, otherwise you remain on the list. Younger jurors need another ground, such as illness or hardship.

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Jury service rules 2026, read in each state code and on court pages, last checked on