Q: Defendant posted jury fee for jury trial. As plaintiff, do I need to post separately?
Defendant has requested a jury trial and has posted the jury fee. As the plaintiff, I also seek a jury trial. May I inquire whether I need to post the jury fee separately?
A:
The previous lawyer's response is erroneous. He should have clarified whether he is admitted to practice in Washington, D.C., where you are apparently located. His answer based on California law may be inapplicable to your situation, and could even lead you to make decisions which are not founded in the law of your jurisdiction. That could be dangerous to your rights.
Secondly, in California, if you do not post the jury fees and the defendant does, at the time of trial you could find yourself without a jury trial because you did not demand a jury or post the fees. This is a common tactic by defense lawyers, who can come in at the day of trial and then waive the jury trial, which would leave you with a waiver of the jury trial because you did not post the jury fees timely.
You need to get legal counsel where your case is filed, i.e. in the D.C. courts if that is where your case is pending.
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A:
In California, if one party (in this case, the defendant) has already posted the required jury fees and requested a jury trial, the other party (you, as the plaintiff) does not need to post jury fees separately to secure a jury trial.
According to California Code of Civil Procedure Section 631(d)(4), "If one party pays the initial nonrefundable fee under paragraph (1), that fee shall be credited against the total amount of the fees payable under this section, and the remaining amount shall be paid by the parties as provided in this subdivision."
In other words, once either party has posted the initial jury fee, both parties will be entitled to a jury trial. However, the total cost of the jury trial will be split between the parties, with the party that initially posted the fee receiving a credit for the amount already paid.
So, in your case, you do not need to post a separate jury fee as the plaintiff. The defendant's payment has secured the right to a jury trial for both parties, subject to the remaining fees being paid as required by the court.
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