What Happens If You Miss Jury Duty in New Mexico?

If you miss jury duty in New Mexico, the court almost always gives you a chance to fix it before imposing any penalty. A first no-show typically brings a phone call or letter from the jury clerk, a second brings another written notice, and only a third triggers a contempt order requiring you to appear before a judge. On paper, willfully skipping jury service is a petty misdemeanor carrying up to six months in jail, a fine of up to $500, or both. In practice, what happens to you depends almost entirely on how quickly you respond once you realize you missed your date.¹

How the Court Reacts to a Missed Date

New Mexico courts work through a graduated response rather than charging anyone criminally the first time they fail to show. After a first missed appearance, the jury clerk usually contacts you by phone with a warning or mails a written notification. A second failure to appear produces another written notice. A third missed appearance is when the court issues a contempt order and requires you to come in and explain yourself to a judge.¹

The practical takeaway: one missed date followed by a prompt response is unlikely to produce any real penalty. Ignoring notice after notice is what moves a case toward enforcement.

The Penalties on the Books

Under state law, willfully failing to appear in response to a jury summons is classified as a petty misdemeanor.² A petty misdemeanor conviction can result in up to six months in the county jail, a fine of up to $500, or both, at the judge’s discretion.³

Contempt of court is a separate track. If you defy a judge’s order to appear and explain your absences, you can be sentenced to up to 30 days in a detention center.¹ The petty misdemeanor addresses the original failure to appear; the contempt penalty addresses defying the follow-up order. Someone who ignores every communication from the court could in theory face both.

The statute’s key word is “willfully.” Judges have broad discretion, and a juror who missed once for a real reason and then cooperated with the court is in a very different position from one who disregarded multiple notices without explanation.

What to Do If You Already Missed Your Date

Call the clerk of the court that issued your summons. Do it as soon as you realize what happened, before the court escalates. Have your juror summons in front of you so you can give your juror number and other identifying details, and be ready to briefly explain why you were absent.

The clerk can usually tell you on the call whether you’ll simply be rescheduled or whether additional steps are needed. If you’ve already received a written notice or a contempt order, respond immediately. Showing up voluntarily to resolve the matter looks very different to a judge than being brought in because you kept ignoring the court.

Bring documentation for whatever reason you have. A doctor’s note for a medical issue, travel records if you were out of state, an obituary or death certificate for a family emergency. Tangible proof carries far more weight than an explanation on its own.

Reasons the Court Will Accept

Several grounds will excuse a missed or upcoming appearance, and excuses are supposed to be raised no later than the date you were scheduled to serve. Courts retain some flexibility when you contact them afterward with a legitimate reason.⁴

Extreme physical or financial hardship to you or someone you care for, such as having no substitute caregiver for a dependent, or lost income that would substantially affect your ability to pay for basic living expenses. Simply missing work does not qualify.
An emergency that made it impossible to serve, such as a sudden medical issue or family crisis.
Any other reason a judge finds persuasive, including never having received the original summons.

Two groups qualify for outright exemptions. Anyone who served on a jury panel or grand jury in state or federal court within the past 36 months can request an exemption, and anyone 75 or older who requests it is permanently exempt from jury service in New Mexico.⁴

Postponing Before the Date

If you still have time, postponing is simpler than dealing with a no-show after the fact. New Mexico law entitles you to one automatic postponement, provided you haven’t already used one and you agree to a new date within six months of your original service date.⁵

A second postponement is much harder to get. The court will only grant it if an emergency arises that couldn’t have been anticipated when the first postponement was granted, and you’ll still need to pick a new date within six months.

The court must also automatically reschedule you in three specific situations: you work for an employer with five or fewer full-time employees and a coworker was already summoned for the same period; you’re the only person who can keep a business or agricultural operation running and it would have to shut down; or you’re facing an emergency as determined by the judge.⁵

Your Job Is Protected

An employer cannot fire you, threaten to fire you, or otherwise retaliate because you received a summons, responded to it, or served on a jury. Employers also cannot force you to use vacation, sick, or annual leave for time spent on jury service.⁶ An employer who violates these rules commits a petty misdemeanor.⁷

If Your Summons Came From Federal Court

Everything above applies to New Mexico state courts. A summons from a federal court, such as the U.S. District Court for the District of New Mexico, is governed by different rules. A federal judge can order you to appear and explain your absence, and if you cannot show good cause, the penalties include a fine of up to $1,000, up to three days in jail, community service, or any combination.⁸ Federal law also prohibits employers from firing, threatening, intimidating, or coercing a permanent employee because of federal jury service, with civil penalties of up to $5,000 per violation per employee.⁹

Watch Out for Missed Jury Duty Scams

If someone calls or emails claiming you missed jury duty and demands personal information or immediate payment to avoid arrest, it’s a scam. Real courts handle nearly all juror communication by U.S. mail, and legitimate court staff will never ask for Social Security numbers, credit card information, or payment over the phone.¹⁰ Hang up, then call the clerk of court using the number on your original summons or the court’s official website to find out whether you actually have an outstanding obligation.

1
Supreme Court of New Mexico. New Mexico Juror Handbook
2
Justia. New Mexico Code 38-5-10 – Summoning of Jurors; Claiming Exemption
3
Justia. New Mexico Code 31-19-1 – Sentencing Authority
4
FindLaw. New Mexico Code 38-5-2 – Exemption From Jury Service
5
Justia. New Mexico Code 38-5-10.1 – Postponement of Petit Jury Service
6
Justia. New Mexico Code 38-5-18 – Employer Prohibited From Depriving Employee of Employment
7
New Mexico Courts. Frequently Asked Questions (FAQs) – Jury Duty
8
Office of the Law Revision Counsel. 28 USC 1866 – Selection and Summoning of Jury Panels
9
Office of the Law Revision Counsel. 28 USC 1875 – Protection of Jurors Employment
10
United States Courts. Juror Scams