| (1) |
The court has discretionary authority in any civil or criminal action or proceeding triable by jury to assess the entire cost of one day’s juror fees against either the plaintiff or defendant or their counsel, or to divide the cost and assess them against both plaintiff and defendant or their counsel, or additional parties plaintiff or defendant, if:
Terms Used In Utah Code 78B-1-114- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- clerk of the court: means the person so designated by title and includes any deputy clerk. See Utah Code 78B-1-102
- Court: means trial court. See Utah Code 78B-1-102
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Juror: A person who is on the jury.
- Jury: means a body of persons temporarily selected from the citizens of a particular county invested with the power to present and indict a person for a public offense or to try a question of fact. See Utah Code 78B-1-102
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (a) |
a jury demand has been made and is later withdrawn within the 48 hours preceding the commencement of the trial; or |
| (b) |
the case is settled or continued within 48 hours of trial without just cause for not having settled or continued the case prior to the 48-hour period. |
|
| (2) |
The party assessed shall make payment to the clerk of the court within a prescribed period. Payment shall be enforced by contempt proceedings. |
| (3) |
The court clerk shall transfer the assessment to the state treasury, or the auditor of the city or county incurring the juror expenses. |
Renumbered and Amended by Chapter 3, 2008 General Session
