Butte — Deposit of Advance Jury Fees FAQ

Source: https://www.butte.courts.ca.gov/system/files/faqs_deposit_of_advance_jury_fees.pdf

FREQUENTLY ASKED QUESTIONS For Attorneys and Parties Deposit of Advance Jury Fees (Sen. Bill 1021 (2011-2012 Reg. Sess.)) Effective June 27, 2012

I. Changes to the Deposit of Advance Jury Fees 1.1 Q. What are the primary changes A: The five primary changes relating to the deposit of the related to the deposit of the advance jury fees are: advance jury fees resulting from 1. The fee is fixed at $150, rather than limited to $150; the recent amendment to Code of 2. The fees must be deposited earlier than previously Civil Procedure section 631? required; 3. Fees deposited after June 27, 2012 will be non-refundable; 4. The fees will no longer be credited to the actual jury fees and costs paid by the party on the second day of trial; and 5. The fees will be transmitted to the Trial Court Trust Fund before trial begins.

II. New Deadlines for Deposit of Advance Jury Fees 2.1 Q: What are the new deadlines for A: Beginning June 28, 2012 1 , the advance jury fees must be depositing the advance jury fees? deposited: • On or before the date scheduled for the initial case management conference in the action; or • If no case management conference is scheduled, no later than 365 calendar days after the filing of the initial complaint; or • If the party has not appeared before the initial case management conference or has appeared more than 365 calendar days after the filing of the initial complaint, at least 25 calendar days before the date initially set for trial; or • If the action is for unlawful detainer action, at least five days before the date set for trial.

2.2 Q: Do the new deadlines apply to A: Yes. cases that were filed before the effective date of the amendments to Code of Civil Procedure section 631?

1 Although SB 1021 became effective on June 27, 2012, it was not signed by the Governor until after 9:00 p.m. A statute that takes immediate effect does not become operative until the moment it is signed. Accordingly, the first date on which the advance jury fee could have been deposited was June 28, 2012.

Administrative Office of the Courts Page 1 of 3 Dated: July 16, 2012

2.3 Q: What if the deadline in a case A: If the deadline in a case filed prior to the effective date of filed prior to the effective date of the amendments to Code of Civil Procedure section 631 has the amendments to Code of Civil already passed, then the later deadline becomes applicable. Procedure section 631already passed. For example, if the initial case management conference occurred prior to June 28, 2012, then the fee is due on or before the 365th day following the filing of the complaint. If the 365th day following the filing of the complaint has passed, then the fee is due at least 25 days prior to trial. With the exception of unlawful detainer actions, in which the fee is due at least 5 days prior to trial, the fee will never be due fewer than 25 days prior to trial, as required under the previous version of Code of Civil Procedure section 631.

2.4 Q: What if the party misses A: The party has waived the right to a trial by jury in that the deadline? action. (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).)

III. Advance Jury Fees are Non-Refundable 3.1 Q: What jury fees have become A: Any $150 advance jury fee deposited on or after June 28, non-refundable? 2012 is non-refundable.

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.

IV. Other Issues Related to the Deposit of Advance Jury Fees 4.1 Q: Is the fee required if the A: No. Only parties that want to retain the right to a jury party does not want to retain must deposit advance jury fees. the right to a jury in the action?

4.2 Q: Must each party that wants A: Yes. Each party that wants to retain the right to a jury to retain the right to a jury must deposit the advance jury fee by the relevant deadline. deposit the advance jury fee? (Code Civ. Proc., § 631(b). [“Each party demanding a jury trial shall deposit advance jury fees. . . .”] Bold added.)

4.3 Q: If there are multiple A: Yes. Each party that wants to retain the right to a jury plaintiffs, or multiple must deposit the $150 advance jury fee. Thus, if there are defendants, must each deposit four plaintiffs, and all four want to retain the right to a jury, a separate $150 advance jury each must deposit the $150 advance jury fee, for a total of fee if the party wants to retain $600. The same analysis applies even if the parties are the right to a jury? represented by the same attorney or law firm.

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

4.5 Q: What effect does the A: The local rule would still be in effect with respect to amendment to Code of Civil advance jury fees deposited prior to June 28, 2012, but would Procedure section 631 have on be ineffective as to advance jury fees deposited on or after a local rule providing a process that date. Local rules are valid only to the extent that they do for obtaining refunds of not conflict with statute. (Gov. Code, § 68070.) advance jury fees.

Administrative Office of the Courts Page 3 of 3 Dated: July 16, 2012