Western Australian Current Acts

JURIES ACT 1957 - SECT 44

44 .         Payments for juries in civil trials

        (1)         If trial by jury is ordered in a civil trial, the party that applied for the order must pay the summoning officer, before the time or times prescribed —

            (a)         the prescribed amount for summoning the jurors; and

            (b)         the prescribed amount for an officer of the court to attend on the jury for the first day of the trial; and

            (c)         a deposit of such amount as the summoning officer estimates and advises the party will be needed to meet the payments that will have to be made under section 58B for the first day of the trial.

        (2)         If an amount is not paid as required by subsection (1), the trial shall proceed as if a trial by jury had not been ordered, notwithstanding any other Act.

        (3)         The party referred to in subsection (1) must also pay the summoning officer for each day of the trial after the first day, before the time or times prescribed —

            (a)         the prescribed amount for an officer of the court to attend on the jury for the day; and

            (b)         a deposit of such amount as the summoning officer estimates and advises the party will be needed to meet the payments that will have to be made under section 58B for the day.

        (4)         If an amount is not paid for a day as required by subsection (3), the court may, unless the amount is paid by another party, discharge the jury and finish the trial and decide the case without a jury, notwithstanding that the trial commenced with a jury, and notwithstanding any other Act.

        [Section 44 inserted: No. 5 of 2008 s. 66.]