§ 13:3049 — Cash deposit; bond; duty to attend; compensation; procedure; filing fees

Louisiana § 13:3049

• Jurisdiction: Louisiana
• Title 13: Courts and Judicial Procedure

Text

§3049. Cash deposit; bond; duty to attend; compensation; procedure; filing fees
A. Every person selected and summoned shall attend as a juror or talesman
punctually and for the time for which he is selected. The district judge may enforce the
attendance of any juror by imposing a fine of not more than fifty dollars or by imprisonment
in the parish jail for not more than three days, or both, in his discretion, for each violation.
B.(1)(a) The jurors in criminal cases who attend may demand and receive from the
parish treasury compensation and an allowance for mileage necessarily traveled going to and
from the courthouse to be fixed by the district judges of each judicial district, sitting en banc,
subject to approval by the parish governing authority.
(b) The compensation shall be twenty-five dollars for each day of attendance in
court, and the mileage allowance shall be not less than sixteen cents per mile nor more than
the rate in effect for state officials.
(c) Only one charge shall be made for mileage each way.
(d) Notice of any intention to change juror compensation by the court shall be given
to the district attorney, the parish treasurer, and the clerk of court. No such change shall be
effective unless approved by the parish governing authority.
(e)(i) The compensation of jurors in criminal matters provided for by this Subsection
shall be paid from costs of court collected from every criminal defendant who is convicted
after trial or who pleads guilty or no contest, or who forfeits bond in each district or parish
court or in any court exercising juvenile jurisdiction, which shall be assessed as a part of the
costs of court to be collected in such cases. The judge or judges for the judicial district
wherein the parish, or city of New Orleans is situated shall adopt a schedule of costs that
shall be applicable in each criminal case before that court to which such costs are applicable.
All of such costs shall be placed, as they are collected, in a special fund that shall be
maintained and be administered by the governing authority and the governing authority shall
pay out of said fund the compensation for jurors in criminal matters herein provided for.
(ii) The judge or judges shall, as the needs of the special fund require, adjust the
schedule of costs to insure that the proceeds are adequate to fully pay the juror compensation
herein provided.
(iii)(aa) In the Sixteenth Judicial District, each parish governing authority may adopt
an ordinance which provides that surplus monies in the juror compensation fund in their
respective parish that exceeds fifty thousand dollars at the end of each calendar year may be
used to defray the costs of providing courthouse security and all expenses associated with the
trial of a capital case.
(bb) As used in this Item, "special fund" means the special fund provided for in this
Subparagraph, and "surplus monies" means the amount of money that is in each special fund
at the end of each calendar year and that is in excess of the total amount paid from costs of
court collected as provided in Item (i) of this Subparagraph in that calendar year. No money
obligated to be paid to any juror shall be considered surplus money pursuant to this Item.
(cc) For the purposes of this Item, the balance of fifty thousand dollars required to
be maintained in the juror compensation fund shall mean fifty thousand dollars in
unexpended and unencumbered funds, and under no circumstances shall the balance in the
fund be reduced below fifty thousand dollars as a result of an expenditure made under the
provisions of this Item.
(iv)(aa) In the First Judicial District, the parish governing authority may adopt an
ordinance which provides that surplus monies in the juror compensation fund in the parish
that exceeds fifty thousand dollars at the end of each calendar year may be used to defray the
costs of providing courthouse security and all expenses associated with the trial of a capital
case.
(bb) As used in this Item, "special fund" means the special fund provided for in this
Subparagraph, and "surplus monies" means the amount of money that is in the special fund
at the end of each calendar year and that is in excess of the total amount paid from costs of
court collected as provided in Item (i) of this Subparagraph in that calendar year. No money
obligated to be paid to any juror shall be considered surplus money pursuant to this Item.
(cc) For the purposes of this Item, the balance of fifty thousand dollars required to
be maintained in the juror compensation fund shall mean fifty thousand dollars in
unexpended and unencumbered funds, and under no circumstances shall the balance in the
fund be reduced below fifty thousand dollars as a result of an expenditure made under the
provisions of this Item.
(v)(aa) Notwithstanding any provisions to the contrary, all surplus monies in the
special fund of each parish within the Twenty-First Judicial District at the end of each
calendar year shall be transmitted by the governing authority of each parish to the Twenty-First Judicial District Court for deposit into the court's criminal court fund.
(bb) As used in this Item, "special fund" means the special fund provided for in this
Subparagraph, and "surplus monies" means the amount of money that is in each special fund
at the end of each calendar year and that is in excess of the total amount paid for jury fees in
that calendar year. No money obligated to be paid to any juror as a fee or cost for attendance
for jury duty shall be considered surplus money pursuant to this Item.
(cc) All surplus monies shall be transferred pursuant to this Item no later than
January thirty-first of each calendar year. All surplus monies transferred to the Twenty-First
Judicial District Court's criminal court fund may be used for the same purposes as the
existing funds in the criminal court fund.
(vi)(aa) In the Thirty-Ninth Judicial District, the parish governing authority may
adopt an ordinance which provides that surplus monies in the juror compensation fund that
exceed fifty thousand dollars at the end of each calendar year may be used to defray the
expenses of the criminal court system. Notwithstanding any provision of law to the contrary,
all surplus monies in the special fund at the end of each calendar year shall be transmitted
by the governing authority to the Thirty-Ninth Judicial District Court for deposit into the
court's criminal court fund no later than January thirty-first of each calendar year.
(bb) As used in this Item, "special fund" means the special fund provided for in this
Subparagraph, and "surplus monies" means the amount of money that is in each special fund
at the end of each calendar year and that is in excess of the total amount paid from costs of
court collected as provided in Item (i) of this Subparagraph in that calendar year. No money
obligated to be paid to any juror shall be considered surplus money pursuant to this Item.
(cc) For the purposes of this Item, the balance of fifty thousand dollars required to
be maintained in the juror compensation fund shall mean fifty thousand dollars in
unexpended and unencumbered funds, and under no circumstances shall the balance in the
fund be reduced below fifty thousand dollars as a result of an expenditure made under the
provisions of this Item.
(vii)(aa) Notwithstanding any provisions to the contrary, surplus monies in the
special fund of each parish within the Fourth Judicial District shall upon request, be
transmitted by the governing authority of each parish to the Fourth Judicial District Court for
deposit into the judicial expense fund.
(bb) As used in this Item, "special fund" means the special fund provided for in this
Subparagraph, and "surplus monies" means the amount of money that is in each special fund
at the end of each calendar year and that is in excess of the total amount paid for jury fees
and costs during that calendar year. No money obligated to be paid to any juror as a fee or
cost for attendance for jury duty shall be considered surplus money pursuant to this Item.
(cc) Surplus monies transferred to the Fourth Judicial District Court's judicial
expense fund shall be transferred at any time upon request by the court, and may be used for
the same purposes as the existing funds in the judicial expense fund.
(viii) Notwithstanding any provision of law to the contrary, any surplus monies in
the special fund of DeSoto Parish within the Forty-Second Judicial District may be
transferred to the criminal court fund on an as-needed basis upon the motion of the district
attorney and the order of judges sitting en banc.
(2)(a) Except as provided by special law, the jurors in civil cases who attend may
demand and receive fifty dollars for each day of attendance in court and an amount equal to
the rate in effect for state officials for each mile necessarily traveled in going to and returning
from the courthouse. Only one charge shall be made for mileage each way. At the time of
posting bond, the party praying for the jury shall pay to the clerk of court the sum of one
hundred and fifty dollars as jury filing fees. In addition, prior to the commencement of the
trial, the party praying for the jury shall post a bond pursuant to Code of Civil Procedure
Article 1734 or deposit the amount ordered by the court pursuant to Code of Civil Procedure
Article 1734.1. If the trial exceeds the estimated number of days, the party praying for the
jury shall post an additional bond or make an additional deposit as ordered by the court.
However, no party praying for a jury trial under the provisions of this Subsection shall be
required to pay any costs or advance deposit imposed under the provisions of this Subsection
if such has been waived or an order is rendered, pursuant to Chapter 5 of Title I of Book IX
of the Code of Civil Procedure, permitting the applicant to litigate or continue to litigate
without payment of such costs or furnishing security therefor.
(b) The clerk of court shall collect the deposits required herein. This amount shall
be expended solely for the expenses of civil juries.
(c) The judge before whom a case is to be tried by a jury shall have the right to waive
the depositing of such security for jury costs entirely or in part, upon proper showing to his
satisfaction that the party praying for such trial by jury is financially unable to deposit such
sum. The judge may also determine whether such deposit for jury costs shall be deposited
in whole prior to the commencement of trial or by partial payments at intervals during the
progress of the trial should such party be financially able to provide such deposit.
(d) Any deposit made as herein provided shall be returned to the party making such
deposit and any bond filed shall be cancelled in the event that the matter in which trial by
jury has been requested has been tried, settled, determined, or otherwise disposed of for any
reason, without having been tried by a jury.
(e) Any juror who is called and actually reports for jury service shall be paid his
compensation, mileage allowance, and other costs, by the clerk of court out of the funds on
deposit upon completion of his duty to attend. If the jury costs exceed the amount on
deposit, or if the judge has waived the deposit, or if a bond was posted, the deficiency shall
be paid out of any judicial expense fund or, in parishes comprising the Fifth, Sixth, and
Seventh Judicial Districts and in parishes where no judicial expense fund exists, the
deficiency shall be paid out of the parish treasury. The administrator of the judicial expense
fund, the clerk of court or the parish shall have the right to seek recovery of such amount
immediately from the party or parties cast in judgment, or from the surety on any bond
furnished for jury costs, notwithstanding that the judgment may be suspensively appealed or
that the bond was furnished by a party not cast in judgment. With respect to those courts in
the parish of Orleans, such recovery shall only be done within one year after the closure date
of the case.
C. Grand jurors in criminal cases are entitled to the same mileage and compensation
for each day's attendance at sessions of the grand jury as that allowed petit jurors in the same
judicial district. The several clerks of the district court, upon demand by each such juror at
the close of his term of service, shall issue to him a certificate of attendance, countersigned
by the district judge, for the amount to which he is entitled. The district judge may direct the
payment of the accrued mileage and per diem of grand jurors at any time during the term of
service as grand jurors.

Legislative History

Acts 1950, No. 133, §1; Acts 1956, No. 97, §1; Acts 1960, No. 26, §1; Acts 1979, No. 632, §1; Acts 1984, No. 441, §1; Acts 1987, No. 937, §1; Acts 1988, No. 431, §1; Acts 1989, No. 307, §3; Acts 1990, No. 327, §1; Acts 1991, No. 128, §1; Acts 2003, No. 1031, §1; Acts 2004, No. 840, §1; Acts 2005, No. 302, §1; Acts 2012, No. 722, §1; Acts 2014, No. 30, §1; Acts 2016, No. 233, §1; Acts 2018, No. 268, §1; Acts 2020, No. 237, §1, eff. Jan. 1, 2021; Acts 2022, No. 19, §1.