In all cases of eminent domain the deposits of jury fees and mileage provided for in section 631 of this code shall be made by the party seeking condemnation regardless of which party shall have demanded a jury trial, and the trial shall not proceed until such deposits are made.
§ 631.5.Deposit In Cases of Eminent Domain
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 5. Trial by the Court · Enacted 1939 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 631.5 requires the condemning party in an eminent domain case to deposit the jury fees and mileage described in § 631, regardless of which party demanded the jury trial, and bars the trial from proceeding until that deposit is made.
Full Text of § 631.5
Plain-English Summary
Eminent domain cases get a special allocation rule for jury fees. Whoever is doing the condemning has to make the § 631 deposit of jury fees and mileage — even if it's the property owner, not the condemnor, who demanded the jury. And the trial cannot proceed until that deposit is on file.
Frequently Asked Questions
Who deposits jury fees in an eminent domain case?
The party seeking condemnation, regardless of which party demanded the jury trial in the first place.
Can an eminent domain trial proceed before the jury fee deposit is made?
No, Section 631.5 bars trial from proceeding until the deposit required by § 631 is made.
Amendment History
Added by Stats. 1939, Ch. 806.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: eminent domain jury fees california