Orange — Frequently Asked Questions

Source: https://www.occourts.org/system/files/juryfeefaqs_attorneys091712.pdf

FREQUENTLY ASKED QUESTIONS FOR ATTORNEYS AND PARTIES

Nonrefundable Jury Fee (Assem. Bill 1481 (2011-2012 Reg. Sess.)) Effective September 17, 2012

1.1 Q. What is the nonrefundable jury A: At least one party demanding a jury on each side of a civil fee? case must pay a non-refundable fee of one hundred fifty dollars ($150), unless the fee has been paid by another party on the same side of the case. (Code Civ. Proc., § 631(b).) ).) If there are multiple plaintiffs and/or defendants in the same case, only one jury fee per side is required to avoid waiver of a jury under Code of Civil Procedure section 631(f).

1.2 Q: What are the deadlines for A: The nonrefundable jury fee must be paid on or before the paying the nonrefundable jury fee? date scheduled for the initial case management conference in the action, except as follows:

1. In unlawful detainer actions the fees shall be due at least
five days before the date set for trial.

2. If no case management conference is scheduled in a civil
action, or the initial case management conference occurred
before June 28, 2012 and the initial complaint was filed
after July 1, 2011, the fee shall be due no later than 365
calendar days after the filing of the initial complaint.

3. If the initial case management conference was held before
June 28, 2012 and the initial complaint in the case was
filed before July 1, 2011, the fee shall be due at least 25
calendar days before the date initially set for trial.

4. If the party requesting a jury has not appeared before the
initial case management conference, or first appeared more
than 365 calendar days after the filing of the initial
complaint, the fee shall be due at least 25 calendar days
before the date initially set for trial. (Code Civ. Proc., §
631(c).)

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1.3 Q: What if a party misses the A: Except under the circumstances provided in Code of deadline to pay the Civil Procedure section 631(d), (discussed in FAQ 1.4), a nonrefundable jury fee? party has waived the right to a trial by jury in that action, unless another party on the same side of the case timely paid the nonrefundable jury fee. (Code Civ. Proc., § 631(f)(5).)

Note: The court may, in its discretion upon just terms, allow a trial by jury despite the waiver. (Code Civ. Proc.,

§ 631(g).)

1.4 Q: What if a party missed a A: If a party failed to timely pay a nonrefundable jury fee that deadline to pay the nonrefundable was due between June 27, 2012, and November 30, 2012, jury fee between June 27, 2012 inclusive, the party will be relieved of a jury waiver on that and November 30, 2012? basis only, if the party pays the fee on or before December 31, 2012 or 25 calendar days before the date initially set for trial, whichever is earlier. (Code Civ. Proc., § 631(d).)

1.5 Q: May a clerk accept A: There is nothing in the recent amendments to Code of payment of a nonrefundable Civil Procedure section 631 that directs or authorizes courts jury fee after the deadline has to refuse a late payment of the nonrefundable jury fee. passed? Absent this direction or authority, the clerk likely should accept advance jury fees tendered by a party, provide a receipt, and record in the court file the date the fees were received. (See People v. Funches (1998) 67 Cal.App.4th 240, 244 [court clerks “must act in strict conformity with statutes, rules, or orders of the court” defining their duties, and have “no power to decide questions of law nor any discretion in performing” their duties.])

Note: Except as provided in Code of Civil Procedure section 631(d), only a judge has the authority to grant a jury trial following a waiver.

1.6 Q: Is payment of the A: No. Only parties that want to retain the right to a jury nonrefundable jury fee must pay the nonrefundable jury fees. required if the party does not want to retain the right to a jury in the action?

1.7 Q: May the nonrefundable A: Yes. A court may (but is not required to) waive jury fees jury fee be waived because of a and expenses, and other fees or expenses itemized in an party’s financial condition? application for a fee waiver under rule 3.56(1) and (6) of the California Rules of Court.

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1.8 Q: May the court waive the A: No. Government Code section 6103 explicitly states: nonrefundable jury fee for “This section does not apply to civil jury fees or civil jury government entities under deposits.” Although this exception to the fee waiver for Government Code section 6103? government entities predates the creation of the nonrefundable jury fee, the plain language of the exception applies to the nonrefundable jury fee.

1.9 Q: If more than one party on a A: No. Code of Civil Procedure 631(b) requires “at least one side pays the nonrefundable jury party demanding a jury on each side” to pay the fee, is any refund of the additional nonrefundable jury fee, “unless the fee has been paid by fee due? another party on the same side of the case.” (Emphasis added.) In addition, Code of Civil Procedure section 631.3, which governs refunds of jury fees states in subdivision (c) that the “fee described in subdivision (b) of Section 631 shall be nonrefundable and is not subject to this section. Therefore, although they are not required to pay the jury fee, if additional parties on a side pay the nonrefundable jury fee, that fee is still nonrefundable. The additional fee may not be used to offset actual juror fees or mileage, either.

1.10 Q: Are any jury fees refundable? A: Yes. Any $150 advance jury fee deposited before June 28, 2012 may be refunded upon request of a party as provided under Code of Civil Procedure section 631.3. Similarly, any jury fees other than the $150 advance jury fees that are deposited, but not used, may be refunded upon request of a party as provided under Code of Civil Procedure section 631.3.

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