Legal Definitions - jury fees

Jury fees refer to the financial costs associated with providing a jury for a trial. These fees primarily cover the daily compensation paid to individual jurors for their service, along with reimbursement for their travel expenses, such as mileage. The specific amounts for juror stipends and travel vary depending on whether the trial is in a state or federal court jurisdiction.

In civil cases, where one private party sues another, the party who requests a jury trial is typically responsible for paying these fees. This payment is usually required in advance of the trial, within a specific timeframe set by the court. If a party fails to pay the required jury fees, they may lose their right to have their case decided by a jury, and the trial might proceed before a judge alone. Often, the party who ultimately wins the civil case is entitled to be reimbursed for the jury fees they paid by the losing party.

In criminal cases, where the government prosecutes an individual for an alleged crime, if the defendant chooses to have their case heard by a jury rather than a judge, they may also be required to pay jury fees. However, recognizing the constitutional right to a jury trial, a defendant who cannot afford these fees can usually apply to the court for a waiver, allowing them to proceed with a jury trial without upfront payment.

Here are a few scenarios illustrating how jury fees apply:

• Scenario 1: Civil Contract Dispute

  A small business, "InnovateTech," sues a larger corporation, "GlobalCorp," for breach of a software development contract. InnovateTech believes a jury will be more sympathetic to their position and formally requests a jury trial. To secure this right, InnovateTech's legal team must deposit the required jury fees with the court by the specified deadline. If InnovateTech wins the lawsuit, they will likely be able to recover these fees from GlobalCorp as part of the judgment.

  This example demonstrates how a plaintiff in a civil case pays jury fees to exercise their right to a jury trial and the potential for reimbursement if they prevail.

• Scenario 2: Personal Injury Defense

  Sarah is being sued by a neighbor for alleged negligence after a tree fell from her property onto the neighbor's fence. Sarah's attorney advises her that a jury might better understand the complexities of tree maintenance and weather events than a single judge. Sarah decides to request a jury trial. Consequently, Sarah, as the defendant, is responsible for paying the necessary jury fees to ensure her case is heard by a panel of her peers. If she fails to pay, she risks losing her right to a jury and having her case decided solely by a judge.

  This illustrates a defendant in a civil case paying jury fees to secure a jury trial, highlighting the consequence of non-payment.

• Scenario 3: Criminal Trial for an Indigent Defendant

  Mark is accused of a felony and insists on his constitutional right to a jury trial. However, Mark is unemployed and has very limited financial resources. When the court informs him of the associated jury fees for a criminal trial, his public defender helps him prepare and submit a petition to the court for a fee waiver. The court reviews his financial situation and, finding him unable to pay, grants the waiver, allowing Mark to have his jury trial without having to pay the fees himself.

  This example shows how jury fees can apply in criminal cases and, importantly, how an indigent defendant can obtain a waiver to ensure their right to a jury trial is not denied due to inability to pay.