RULE 23.1 JURY EXPENSES
1 Jury expenses may not be assessed in a criminal case unless, without
2 justifiable or reasonable excuse, a defendant fails to appear for a jury trial.
3 EXPLANATORY NOTE
4 Rule 23.1 was amended, effective March 1, 2006; March 1, 2017.
5 This rule is intended to assure a defendant in a criminal case that the
6 assessment of jury expense need not be a factor in deciding whether a trial by jury
7 should be demanded. The assessment of jury expense in a criminal case may tend
8 to "chill" the constitutional right to a jury trial.
9 Rule 23.1 was amended, effective March 1, 2006, in response to the
10 December 1, 2002, revision of the Federal Rules of Criminal Procedure. The
11 language and organization of the rule were changed to make the rule more easily
12 understood and to make style and terminology consistent throughout the rules.
13 Rule 23.1 was amended, effective March 1, 2017, to allow assessment of
14 jury expenses when, without justifiable or reasonable excuse, a defendant fails to
15 appear for a jury trial.
16 SOURCES: Joint Procedure Committee Minutes of September 24-25, 2015,
17 page 21; January 27-28, 2005, page 19; March 16-17, 1978, page 16.