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N.D.R.Crim.P. 23.1

Not legal advice. Verify against official sources before relying on this text in any legal matter.

Rule 23.1 Jury Expenses

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Rule Text

Jury expenses may not be assessed in a criminal case unless, without justifiable or reasonable excuse, a defendant fails to appear for a jury trial.

Amendment history: (Adopted Mar. 16, 1978; amended Mar. 1, 2006, Mar. 1, 2017.)

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

If you're charged with a crime and your case is set for a jury trial, you normally won't have to pay for the costs of that jury. The court covers those expenses as part of the criminal process.

The one exception is if you skip your jury trial without a good reason. If you fail to show up and don't have a justifiable excuse, the court can make you pay for the jury expenses that resulted from your absence. Having a valid reason for missing the trial protects you from these costs.

The main point here is that showing up to your trial matters. As long as you appear when you're supposed to, jury costs won't fall on you. This rule exists to hold people accountable when they cause unnecessary expenses by skipping court without a legitimate reason.

Committee Notes

Rule 23.1 was amended, effective March 1, 2006; March 1, 2017.

This rule is intended to assure a defendant in a criminal case that the assessment of jury expense need not be a factor in deciding whether a trial by jury should be demanded. The assessment of jury expense in a criminal case may tend to "chill" the constitutional right to a jury trial.

Rule 23.1 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.

Rule 23.1 was amended, effective March 1, 2017, to allow assessment of jury expenses when, without justifiable or reasonable excuse, a defendant fails to appear for a jury trial.

SOURCES: Joint Procedure Committee Minutes of September 24-25, 2015, page 21; January 27-28, 2005, page 19; March 16-17, 1978, page 16.