Law Practice,
Constitutional Law
Aug. 10, 2023
An opposing party’s payment of jury fees doesn’t guarantee a right to trial
Constitutional issues can be thorny given the importance of constitutional rights. The lesson here though is simple: Always, always post jury fees, if only to protect yourself from an “I gotcha” at the end of the day.
Garret D. Murai
Partner
Nomos LLP
Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.
Trial by jury is a fundamental right under both the U.S. and California Constitutions. However, to avail yourself of that right, you not only have to declare in advance that you intend to try your case to a jury, but post jury fees as well. In TriCoast Builders, Inc. v. Fonnegra, 74 Cal.App.5th 239 (2022), a contractor who failed to timely post jury fees, discovered on the day of trial that it waived the right to insist on a jury trial whe...
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