jury fees

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The daily stipend paid to jurors for jury service. Jurors are paid a flat fee for attendance each day as well as travel reimbursement by mileage (amounts dependent on the state or federal law). In Cassim v. Allstate Ins. Co., the Supreme Court of California stated that jurors were to be compensated for days when the court is in session (as opposed to out of session).

In civil cases, any party seeking a jury trial usually must pay jury fees within a specific time frame in advance of the trial. In Schweich v. Ziegler, Inc., the Supreme Court of Minnesota ruled that failing to deposit a jury fee as required by statute or rule of court constitutes a waiver of the right to a jury trial. The winning party in a case is usually entitled to reimbursement of jury fees paid. See California Code of Civil Procedure Section 1033.5.

In criminal cases, the defendant is required to pay for jury fees should the defendant seek a jury trial. In Fox v. Hunt, the Supreme Court of Alabama held that requiring the payment of a reasonable jury fee is not an infringement on the right to a trial by jury. However, the defendant may apply to the court for a fee waiver if unable to afford to pay jury fees. See California Rules of the Court Rule 3.56.

[Last updated in June of 2020 by the Wex Definitions Team]