SB335: Bill Text

LRB-0169/2

RPN:skg:km

1995 - 1996 LEGISLATURE

1995 Senate BILL 335

September 19, 1995 - Introduced by Senator Clausing, cosponsored by Representatives Grothman, Hahn, Ziegelbauer, Lorge, Plombon, Rutkowski, Seratti, Robson and Wilder. Referred to Committee on Judiciary.

SB335,1,2 An Act to renumber 814.51; to amend 814.61 (4); and to create 814.51 (2) of the statutes; relating to: allowing a court to refund jury fees in civil cases.

Analysis by the Legislative Reference Bureau

Under current law, a court has the authority to assess the entire cost of one day's juror fees, including mileage, against either party or equally against both parties if a jury demand has been made and that demand is withdrawn within 2 days before the commencement of the trial. This bill gives the court the additional authority in civil cases to refund part or all of the juror costs, including mileage, if a jury demand has been made and the court dismisses the case or the court finds in favor of the party that demanded the jury.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB335, s. 1 Section 1. 814.51 of the statutes is renumbered 814.51 (1).

SB335, s. 2 Section 2. 814.51 (2) of the statutes is created to read:

SB335,1,9 814.51 (2) The court shall have discretionary authority in any civil action or proceeding triable by jury to refund part or the entire cost of the juror fees under ss. 756.25 (1) and 814.61 (4), including all mileage costs, if a jury demand has been made in the case and if the court dismisses the case or if the court enters a judgment in favor of the party that demanded the jury.

SB335, s. 3 Section 3. 814.61 (4) of the statutes is amended to read:

SB335,2,6 814.61 (4) Jury fee. For a jury in all civil actions, except a garnishment action under ch. 812, a nonrefundable fee of $6 per juror demanded to hear the case to be paid by the party demanding a jury within the time permitted to demand a jury trial. If the jury fee is not paid, no jury may be called in the action, and the action may be tried to the court without a jury.

SB335, s. 4 Section 4. Initial applicability.

SB335,2,9 (1) This act first applies to juries demanded on the effective date of this subsection.

SB335,2,10 (End)