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or additional parties plaintiff or defendant, if a jury demand has been made in any case and if a jury demand is later withdrawn within 2 business days prior to the time set by the court for the commencement of the trial.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.Jury fees; discretion of court.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 1977 · Last verified July 15, 2026
In one sentenceSection 814.51 lets a court assess an entire day’s juror fees, including mileage, against the plaintiff, the defendant, or both, when a jury demand in a civil or criminal case is withdrawn within two business days of the scheduled trial date.
Full Text of Section 814.51
Plain-English Summary
Section 814.51 gives courts discretion to shift the cost of empaneling a jury when that cost turns out to be wasted. In any civil or criminal action or proceeding triable by jury, if a jury demand has been made and is later withdrawn within two business days before the time set for trial to begin, the court may assess the entire cost of one day’s juror fees for a jury, including all mileage costs, against either the plaintiff or the defendant.
The court is not limited to assessing the full cost against one side. It may instead divide the cost and assess it against both the plaintiff and defendant, or against additional parties on either side of the case. Whoever is assessed has to pay the clerk of circuit court within a prescribed period, and that payment obligation is enforced through contempt proceedings if it is not met.
Frequently Asked Questions
What happens if a party withdraws a jury demand right before trial?
Section 814.51 lets the court assess the entire cost of one day’s juror fees, including mileage, against the plaintiff or defendant, if the jury demand is withdrawn within two business days before the time set for trial.
Can the cost of the wasted jury be split between both sides?
Yes. Section 814.51 allows the court to divide the cost and assess it against both plaintiff and defendant, or additional parties, rather than assigning the entire amount to one side.
How is the assessed juror fee collected?
The party assessed must make payment to the clerk of circuit court within a prescribed period, and section 814.51 allows that payment to be enforced through contempt proceedings.
Does this rule apply to criminal cases as well as civil ones?
Yes. Section 814.51 applies in any civil or criminal action or proceeding triable by jury.
Does withdrawing a jury demand a week before trial trigger this cost assessment?
No. Section 814.51 applies when the jury demand is withdrawn within two business days prior to the time set by the court for the commencement of trial, not to an earlier withdrawal.
Amendment History
History: 1971 c. 297; Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.51; 1977 c. 318.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin jury fees withdrawn demand costs814.51 juror fees assessed against partycost of empaneling jury wisconsinlate withdrawal of jury demand costs