814.51 Jury fees; discretion of court. The court shall have discretionary authority in any civil or criminal action or proceeding triable by jury to assess the entire cost of one day's juror fees for a jury, including all mileage costs, against either the plaintiff or defendant or to divide the cost and assess the cost against both plaintiff and defendant, or additional parties plaintiff or defendant, if a jury demand has been made in any case and if a jury demand is later withdrawn within 2 business days prior to the time set by the court for the commencement of the trial. The party assessed shall be required to make payment to the clerk of circuit court within a prescribed period and the payment thereof shall be enforced by contempt proceedings.
History: 1971 c. 297; Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.51; 1977 c. 318.
This section is inapplicable if the parties reach a settlement after selecting a jury and making opening statements. Jacobson v. Avestruz, 81 Wis. 2d 240, 260 N.W.2d 267 (1977).
An accused who cancels a jury trial at the last moment to accept a plea bargain risks both taxation of costs under s. 973.06 and the assessment of jury fees under this section. State v. Foster, 100 Wis. 2d 103, 301 N.W.2d 192 (1981).
Circuit courts do not have the authority to impose a penalty for cancellation of a jury trial beyond that provided for in this section. Collins v. American Family Mutual Insurance Co., 153 Wis. 2d 477, 451 N.W.2d 429 (1990).
As a matter of sound grammar, the phrase “either the plaintiff or defendant" necessarily refers to both civil and criminal actions as “civil" and “criminal" are set forth in the disjunctive and modify the clauses that follow. Thus, circuit courts are authorized to impose jury fees in any criminal action or proceeding against either the plaintiff or defendant. If the state were not the plaintiff in criminal cases, the statute's provision that the circuit court may assess jury fees against either party in a criminal case would be rendered a nullity. State v. Circuit Court for Monroe County, 2007 WI App 36, 300 Wis. 2d 447, 730 N.W.2d 421, 06-0139.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 814 - Court costs, fees, and surcharges.
814.01 - Costs allowed to plaintiff.
814.02 - Costs limited, discretionary.
814.035 - Costs upon counterclaims and cross complaints.
814.036 - Omnibus costs provision.
814.045 - Attorney fees; reasonableness.
814.05 - Bond premium as costs.
814.08 - Costs on appeal from municipal court; certiorari.
814.11 - Disbursements, how proved.
814.12 - Costs may be set off.
814.13 - Referee; court to fix and allow fees.
814.131 - Taxing costs on compulsory references.
814.14 - Fiduciary; liability for costs limited; bond premium.
814.15 - Assignee's liability for costs.
814.16 - Settlement, costs on.
814.19 - Records copied not to be taxed for.
814.23 - Actions by or against county.
814.24 - Action against city, village or town official, cost.
814.245 - Actions by state agencies.
814.25 - Costs in actions by prisoners.
814.29 - Security for costs, service and fees for indigents.
814.33 - Additional security for costs.
814.34 - Attorney for plaintiff liable for costs.
814.46 - Taxation after settlement.
814.47 - Fees not collectible till taxed.
814.48 - Duty of officers taxing costs.
814.49 - Costs on dismissal for lack of jurisdiction or stay of proceedings.
814.51 - Jury fees; discretion of court.
814.60 - Criminal actions; fees of the clerk of court.
814.61 - Civil actions; fees of the clerk of court.
814.615 - Fees for mediation and studies.
814.62 - Fees in garnishment, wage earner and small claims actions.
814.63 - Fees in forfeiture actions.
814.64 - Fees on appeal to court of appeals or supreme court.
814.65 - Fees of the municipal court.
814.66 - Fees of register in probate.
814.67 - Fees of witnesses and interpreters.
814.68 - Fees of supplemental court commissioners.
814.69 - Fees of court reporters; transcripts.
814.705 - Governing body may establish higher fees.
814.71 - Fees of city police, constables and village marshals.
814.75 - Court-imposed surcharges.
814.76 - Surcharges in criminal actions.
814.77 - Surcharges in ch. 23 forfeiture actions.
814.78 - Surcharges in ch. 66 forfeiture actions.
814.79 - Surcharges in ch. 345 forfeiture actions.
814.80 - Surcharges in ch. 778 forfeiture actions.
814.81 - Surcharges in ch. 800 forfeiture actions.
814.85 - Court support services surcharge.
814.86 - Justice information system surcharge and special prosecution clerks surcharge.