Section 517. Excuses and postponements  


Latest version.
  • (a) (1) Except as otherwise provided
      in paragraph two of this subdivision, the commissioner of jurors may, in
      his or her discretion, on the application of a prospective juror who has
      been  summoned  to  attend, excuse such prospective juror from a part or
      the whole of the time of jury service or may postpone the time  of  jury
      service  to  a  later  day during the same or any subsequent term of the
      court. The application shall be presented to the  commissioner  at  such
      time  and  in  such  manner  as  he or she shall require, except that an
      application for postponement of the initial date for jury service may be
      made by telephone.
        (2) An application for postponement of jury service shall  be  granted
      hereunder  provided:  (i) such service has not already been postponed or
      excused, (ii) the application is made at such time and in such manner as
      the commissioner of jurors requires, and (iii) the postponement is to  a
      date certain when the court is in session not more than six months after
      the date on which such service otherwise is to commence and such date is
      selected by the prospective juror.
        (b) A person whose application has been denied by the commissioner, or
      who  has  not applied to the commissioner for an excuse or postponement,
      may apply to the trial court, or to the court having supervision of  the
      grand  jury,  as  the  case may be, which may, in its discretion, excuse
      such person from a part or the whole of the time of jury service, or may
      postpone the time of jury service to a later day during the same or  any
      subsequent  term  of  the  court.    If  the applicant cannot personally
      attend, he or she shall send the summons and  application  by  a  person
      capable of making the necessary proof in relation to the application.
        (c)  In  determining  whether  an  application  for  excusal should be
      granted, the commissioner  or  the  court  shall  consider  whether  the
      applicant  has  a mental or physical condition that causes him or her to
      be incapable of performing jury service  or  there  is  any  other  fact
      indicates  that  attendance  for  jury  service  in  accordance with the
      summons would cause undue  hardship  or  extreme  inconvenience  to  the
      applicant, a person under his or her care or supervision, or the public.
      Except  as provided in paragraph two of subdivision (a) of this section,
      in  determining  whether  an  application  for  postponement  should  be
      granted,  the  commissioner  or  the  court shall be guided by standards
      promulgated by the chief administrator of the courts.