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.
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.