Wisconsin Statutes

Wis. Stat. § 814.51 (2026)

Jury fees; discretion of court

✓ current as of July 2026

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814.51814.51 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or additional parties plaintiff or defendant, if a jury demand has been made in any case and if a jury demand is later withdrawn within 2 business days prior to the time set by the court for the commencement of the trial.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.

814.51 HistoryHistory: 1971 c. 297; Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.51; 1977 c. 318.

814.51 AnnotationThis 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).

814.51 AnnotationAn 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).

814.51 AnnotationCircuit 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).

814.51 AnnotationAs 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.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1981–2022 · leading case: Flottmeyer v. Circuit Court for Monroe Cnty., 2007 WI App 36 (Wis. Ct. App. 2007).

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Flottmeyer v. Circuit Court for Monroe Cnty., 2007 WI App 36 (Wis. Ct. App. 2007). · cites it 50× “2 The State argues that the circuit court lacked the authority to assess jury fees against it under Wis. Stat. § 814.51 . The State further argues that, even assuming the circuit court had such authority, the court erroneously exercised its discretion in assessing fees.”

State v. Foster, 301 N.W.2d 192 (Wis. 1981). · cites it 9× “The question before the court in this case concerns the validity of an order assessing one-half the cost of one day’s jurors’ fees against a criminal defendant under the authority of sec. 814.51, Stats. A criminal complaint was filed on September 28, 1978, charging the…”

State Ex Rel. Collins v. Am. Fam. Mut. Ins., 451 N.W.2d 429 (Wis. 1990). · cites it 10× “But the purpose of assessing jury fees pursuant to sec. 814.51, Stats., is "to regulate conduct which is disruptive of the orderly business of the court.”

State v. Campbell, 2006 WI 99 (Wis. 2006). · cites it 4× “2d 192 (1981), the court imposed the costs of one day's jury fees, using Wis. Stat. § 814.51 , upon a defendant who decided to enter a plea "at six o'clock in the evening" on the night before trial.”

Cnty. of Portage v. Steinpreis, 312 N.W.2d 731 (Wis. 1981). · cites it 2× “A litigant in a small claims or other action may pay the cost of one day's jury fees under sec. 814.51, Stats. 1979-80, which provides: "814.”

Finkenbinder v. State Farm Mut. Auto Ins., 572 N.W.2d 501 (Wis. Ct. App. 1997). · cites it 2× “The court then contrasted the application of the jury fee assessment statute, see § 814.51, Stats., and concluded that it is unrelated to whether a litigant wins or loses his or her case.”

In Re Sanctions in State v. Zaragoza, 2007 WI App 36 (Wis. Ct. App. 2007). · cites it 31× “§ 814.51. The State further argues that, even assuming the circuit court had such authority, the court erroneously exercised its discretion in assessing fees.”

Assessment of Cost of Impaneling a Jury Against the Attorney for the in State v. Golla, 331 N.W.2d 859 (Wis. Ct. App. 1983). “At the hearing’s conclusion, the court, *16 under sec. 814.51, Stats., assessed against House the $894.”

State v. Suzanne Lee Shegonee (Wis. Ct. App. 2022). · cites it 2× “§ 814.51. That statute states: 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…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.