Jury fees refer to the daily stipend paid to jurors. The source of these fees varies according to the kind of trial.[1] Government pays the fees in criminal trials, while the litigants share the costs in a civil action as part of court costs. Not infrequently, the entire burden of court costs may be shifted to the loser of a civil action. A deposit of one day's fees may be required in advance of the trial by the litigant requesting the presence of a jury.
California's jury fee provisions appear at Code of Civil Procedure section 215 and Code of Civil Procedure Sections 631-636. Here are notable excerpts:
Code of Civil Procedure Section 215
- (a) Except as provided in subdivision (b), on and after July 1, 2000, the fee for jurors in the superior court, in civil and criminal cases, is fifteen dollars ($15) a day for each day's attendance as a juror after the first day.
- (b) A juror who is employed by a federal, state, or local government entity, or by any other public entity as defined in Section 481.200, and who receives regular compensation and benefits while performing jury service, may not be paid the fee described in subdivision (a).
- (c) All jurors in the superior court, in civil and criminal cases, shall be reimbursed for mileage at the rate of thirty-four cents ($0.34) per mile for each mile actually traveled in attending court as a juror after the first day, in going only.
Code of Civil Procedure Section 631.
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- (b) Each party demanding a jury trial shall deposit advance jury fees with the clerk or judge. The total amount of the advance jury fees may not exceed one hundred fifty dollars ($150) for each party. The deposit shall be made at least 25 calendar days before the date initially set for trial, except that in unlawful detainer actions the fees shall be deposited at least five days before the date set for trial.
- (c) The parties demanding a jury trial shall deposit with the clerk or judge, at the beginning of the second and each succeeding day's session, a sum equal to that day's fees and mileage of the jury, including the fees and mileage for the trial jury panel if the trial jury has not yet been selected and sworn. If more than one party has demanded a jury, the respective amount to be paid daily by each party demanding a jury shall be determined by stipulation of the parties or by order of the court.
(d) A party waives trial by jury in any of the following ways:
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- (5) By failing to deposit with the clerk, or judge, advance jury fees as provided in subdivision (b).
- (6) By failing to deposit with the clerk or judge, at the beginning of the second and each succeeding day's session, the sum provided in subdivision (c).